HomeMy WebLinkAbout64-03 Johnson, Richard._AV .
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Permit Class
NEW
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
Permit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Permit Number
64-03
Issued to Richard Johnson, PO Box 1586, Wilson, WY 83014
Authorizing development in New Hanover County at adi. Masonboro Sound, at 7601 Masonboro
Sound Road as requested in the permittee's application dated 1/31/03 (MP-1. 2 & 4) and
1/30/03 (MP-3), including attached the workplan drawings (14), all dated received 2/14/03.
This permit, issued on May 27, 2003 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
De subject to tines, imprisonment or ctvu action; or may cause me pernut to oe nun aria vola.
Maintenance Dredging & Basin Expansion
1) In order to protect juvenile shrimp and ftnfish populations, no excavation will be permitted between
April 1 and September 30 of any year without the prior approval of the Division of Coastal
Management, in consultation with the Division of Marine Fisheries.
2) Excavation will not exceed -3 feet below the normal low water level. In no case shall the depth of
excavation exceed the depth of connecting waters.
3) No vegetated wetlands will be excavated outside of the alignment of the area indicated on the workplan
drawings for expansion of the existing basin.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
'hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2006 -
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
onna D. Moffitt, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Pemuttee
�I
It
Richard Johnson Permit #64-03
Page 2 of 6
ADDITIONAL CONDITIONS
4) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not.
authorized.
5) No excavated or fill material will be placed at any time in any vegetated wetlands or surrounding waters:
6) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with
T15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation
within the PNA shall be permitted. New dredging in any manner, including "kicking" with boat
propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire
existence of the permitted structure.
7) The permittee shall comply with the attached list of United States Coast Guard Regulations.
Spoil Disposal
8) The spoil disposal area must be staked, inspected and approved by a representative of the Division of
Coastal Management prior to the commencement of any dredging activities.
9) No spoil material is to be placed within 30 feet of the normal high water line.
10) All excavated materials will be confined above normal high water and landward of regularly or
irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of
solids into any marsh or surrounding waters.
NOTE: Conditions 11 through 14 of this permit are applicable only if hydraulic dredging is utilized
11) The diked disposal area will be constructed a sufficient distance from the normal high water level or any
marsh to eliminate the possibility of dike erosion into surrounding wetlands or waters.
12) The disposal area effluent will be contained by pipe, trough, or similar device to a point at or beyond the
normal low water level to prevent gully erosion and unnecessary siltation.
13) The terminal end of the pipeline will be positioned at or greater than 50 feet from any part of the dike
and a maximum distance from spillways to allow settlement of suspended sediments.
14) A water control structure will be installed at the intake end of the effluent pipe to assure compliance
with water quality standards. '
Shoreline Stabilization
15) The alignment of the authorized bulkhead must be inspected and approved by a representative of the
Division of Coastal Management within a maximum of 30 days prior to the start of construction. Failure
to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, will
require the alignment to be re -inspected and re -approved by DCM within a maximum of 30 days prior to
the new expected start of construction.
Richard Johnson
ADDITIONAL CONDITIONS
Permit #64-03
Page 3 of 6
16) The bulkhead shall be constructed in the basin area only, and the permitted alignment will approximate
the normal high water level.
17) The bulkhead must be constructed prior to any backfilling activities. -
18) The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the
structure.
19) The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles or other
suitable materials approved by department personnel. -
20) The fill material will be clean and free of any pollutants except in trace quantities.
21) All backfill material will be obtained from a high ground source and confined behind the permitted
bulkhead.
Docking Facility
22) This permit authorizes the piers, boatlifts, boathouse and platforms located in or over the water that are
expressly and specifically set forth in the permit application, except as altered herein. No other
structure, whether floating or stationary, may become a permanent part of this docking facility without
permit modification. No non -water dependent uses of structures may, be conducted on, in or over public
trust waters without permit modification.
23) No sewage, whether treated or untreated, shall be discharged at any time from any. boats using the
docking facility. Any sewage discharge at the docking facility shall be considered a violation of this
permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout
the entire existence of the permitted structure.
24) The permitted structures shall have a minimum setback distance of 15 feet between any parts of the
structure and the adjacent property owner's riparian access corridor.
25) In accordance with 15A NCAC 07H.0208(b)(6)(G), the footprint of the boathouse shall not exceed 400
square feet, unless written justification is provided to the Division of Coastal Management for a larger
structure.
26) The boathouse shall not be completely enclosed or have side coverage more than one half the height of
the side, from the roof waterward.
27) The authorized boathouse shall be single story, and shall not be designed to allow for second story use.
28) The authorized covered portion of the platform shall not be enclosed. Any material used on the sides
shall not obstruct view and must be permeable to air and water. Screen or wire on the sides along with
benches and knee walls are permitted.
29) The roof of the covered portion of the platform shall not be designed for second story use.
Richard Johnson
ADDITIONAL CONDITIONS
Permit #64-03
Page 4 of 6
30) Any portion of the permitted access pier and docking facilities built over coastal wetlands must not
exceed six feet in width and must be elevated a minimum of three feet over the wetland substrate as
measured from the bottom of the decking.
31) No attempt will be made by the permittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work. Use of the permitted activity must not interfere with the
public's right to free navigation on all navigable waters of the United States.
32) The authorized structure and associated activity must not cause an unacceptable interference with
navigation.
33) The permittee will maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The permittee is not relieved of this requirement if he abandons the
permitted activity without having it transferred to a third party.
34) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee will not be entitled to compensation for damage to the authorized structure or work, or injury
which may be caused from existing or future operations undertaken by the United States in the public
interest.
35) It is possible that the authorized structure may be damaged by wave wash from passing vessels. The
issuance of this permit does not relieve the permittee from taking all proper steps to ensure the integrity
of the permitted structure and the safety of moored boats. The permittee shall not hold the United States
or the State of North Carolina liable for any such damage.
36) The permittee must install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities.
37) This permit authorizes a maximum of 4 boat slips. At no time shall more than 4 vessels be moored or
docked at the facility. The restriction of the number of vessels shall apply to all marine vessel types,
including but not limited to motorboats, sailing vessels and personal watercraft.
NOTE: With the exception of the pilings for the boatlift structures, the permittee is cautioned that this
permit does not authorize the placement of tie piles in association with the docking facility.
Boat Ramp
38) This permit authorizes the boat ramp that is expressly and specifically set forth in the permit application.
39) The concrete boat ramp must be poured on high ground and pushed or placed into the water. No live
concrete may come into contact with the water.
A
Richard Johnson
ADDITIONAL CONDITIONS
Upland Development
Permit #64-03
Page 5 of 6
40) This permit authorizes only the upland development that is expressly and specifically set forth in the
permit application and depicted on the attached workplan drawings. Future development of the
permittee's property may require a modification of this permit. Contact a representative of the Division
at (910) 395-3900 prior to the commencement of any such activity for this determination.
41) The 30 foot buffer line shall be measured from the new bulkhead alignment as well as adjacent normal
high water contours.
42) No land disturbing activities are authorized within 30 feet of the normal high water level except that
which is necessary to construct the access to the permitted docking facility and boat ramp.
43) Any portion of the boardwalks constructed within 30 feet of the normal water level shall no exceed a
width of 6 feet and shall be elevated, slatted and constructed of wood.
44) Prior to the construction of the single-family residence, scaled workplan drawings depicting the design
of the proposed residential structure, driveway and landscaping shall be provided to the. Division of
Coastal Management for review and approval. No work shall commence until the Division of Coastal
Management provides written approval.
45) The amount of built upon area shall be limited to no more than 25% of the area within 575 feet from the .
normal high water contour, which defines the Coastal Shoreline Area of Environmental Concern at this
location.
46) No stormwater collection systems are authorized within 575 feet of the normal high water line.
NOTE: In order to avoid unreasonable danger to life and property, all development should be designed
and placed so as to minimize damage due to fluctuations in ground elevation and wave action in
a 100 year storm. Any building constructed should comply with the North Carolina Building
Code and the local flood damage prevention ordinance as required by the National Flood
Insurance Program. The building code or flood damage prevention ordinance may impose
additional more restrictive requirements than the Division's standards for development in areas
of environmental concern (AECs).
Sedimentation and Erosion Control
NOTE: The New Hanover County Sedimentation and Erosion Control Program must have an approved
Sedimentation and Erosion Control Plan in place and inspection of the proposed erosion control
structures must be completed prior to any land disturbing activities. Prior to commencement of
the permitted project, a copy of the approval of the Erosion and Sedimentation Control Plan must
be submitted to the Division of Coastal Management.
47) In order to protect water quality, runoff from construction must not visibly increase the amount of
suspended sediments in adjacent waters.
m
Richard Johnson
ADDITIONAL CONDITIONS
Permit #64-03
Page 6 of 6
48) Appropriate sedimentation and erosion control devices, measures or structures must be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence,
diversion swales or berms, sand fence, etc.).
Stormwater Management
49) The N.C. Division of Water Quality approved this project under stormwater management rules of the
Environmental Management Commission under Stormwater Permit No. SW8030128 on 5/12/03. Any
violation of the permit approved by the DWQ will be considered a violation of this CAMA permit.
General
50) The permittee understands and agrees that, if future operations by the United States requires the
removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon
due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions
caused thereby, without expense to the United States or the state of North Carolina. No claim shall be
made against the United States or the state of North Carolina on account of any such removal or
alteration.
51) The permitted activity will be conducted in such a manner as to prevent a significant increase in
turbidity outside of the area of construction or construction -related discharge. Increases such that the
turbidity in the waterbody is 25 NTU's or less in all saltwater classes are not considered significant.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at (910) 395-3900 prior to the commencement of any
such activity for this determination. The permittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the normal high water level.
NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water
Quality Certification No. 3400 (DWQ Project No. 030238), which was issued on 4/4/03.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No.
200300475.
COAST GUARD REGULATIONS APPLICABLE TO DREDGE OPERATIONS
.Below is a list of regulations which are applicable to dredge operations in the COTP Wilmington zone. This list
is not all inclusive. We encourage dredge companies to schedule a meeting with members of the USCG staff, in
order to be provided amplifying information or answers to any questions that may exist. We also strongly
encourage all Uninspected Towing Vessels (UTV) associated with each dredging operation to participate in the
USCG's Voluntary Commercial Dockside Examination program. Please contact LT Dave Brown of the USCG
staff at (910) 815-4895, extension 108, to coordinate a meeting or dockside exam.
1. Lights on dredge pipelines (33 CFR 88.15)
2. Lights on barges at a bank or dock (33 CFR 88.13)
3. Lights and Shapes (33 CFR 84.11-13)
4. Mooring Buoys (33 CFR 62.35)
5. Special Marks (33 CFR 62.31)
6. Uninspected Towing Vessel's (UTV) Licensing Requirements (46 CFR 15.910 & 15.815)
7. UTV Drug Testing Requirements (33 CFR 4.06 & 4.03-2)
8. UTV Marine Radar Requirement (33 CFR 164.01(b) & 164.72)
9. UTV Certificate of Documentation (33 CFR 173.21)
10. UTV Marine Casualty Reporting Criteria (46.CFR 4.05-1)
11. Dredge or UTV Advance Notice of Transfers (33 CFR 156.118)
Division of Coastal Management
Application Processing Notes
Applicant: Richard Johnson
Application Type: NEW MAJOR MOD MINOR MOD RENEWAL
Permit Coordinator:
Field Representative: Ed Brooks
i
Deadline: 75 day: 4/30/03 150 day: 7/14/03
(if applicable)
Date/Time Message
2/14/03 Application accepted as complete in Wilmington.
TRANSFER
3/4/03 Application package received in Raleigh, assigned, reviewed and ready for distribution to the
review agencies.
5/l/03 Extended processing of the application into the second 75-day review period. New deadline
is 7/14/03.
Still waiting to receive comments from the USACE.
5n103 Received USACE comments
Sent email to Linda Lewis RE: status of SWP. Linda responded that her computer document
file says a general SW permit for a single-family residence was issued on April 15, 2003, but
she cannot find the file to fax a copy, or verify what they received.
5/8/03 Linda Lewis sent an email stating that she found the file. A permit was drafted, but not
issued. Laurie requested additional information on April 16, and it was submitted on May 5.
She assumes Laurie will be doing a review of that information shortly. A combined general
permit for both a boat ramp and single-family residence will be issued if everything is OK.
5/14/03
5/15/03
5/27/03
Received copy of SWP.
CAMA Major Permit drafted.
During review of the draft permit, Charles expressed concern over the amount of coastal
wetlands impacted and the lack of any comments relative to the coastal wetland loss.
Permit issued.
7
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Richard Johnson
2. LOCATION OF PROJECT SITE: 7601 Masonboro Sound Rd., .adjacent to Masonboro Sound, in
New Hanover County.
Photo Index - 2000: 22-270: J-N 18,19 1995: 22-251: K-O 7,8 1989: 4-178-27: K-P:6,7
State Plane Coordinates - X: 2348529 Y: 155869
GPS - 0-021320A
3. INVESTIGATION TYPE: CAMA/D&F
4: INVESTIGATIVE PROCEDURE: Dates of Site Visit - 2/13/03
Was Applicant Present - Yes - Agent
5. PROCESSING PROCEDURE: Application Received - 2/14/03
6. SITE DESCRIPTION: Office - Wilmington
(A) Local Land Use Plan - Wilmington/New Hanover Co.
Land Classification From LUP - Conservation
(B) AEC(s) Involved: CW, ES, EW, PT
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - Wilmington municipal sewer
Planned - Same
(F) Type of Structures: Existing- Single-family residence, boat basin and access channel
Planned - Expand existing basin, bulkhead, pier, boathouse, (3)
boatlifts, boat ramp and floating docks
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
HABITAT DESCRIPTION:
Wetlands
(13) Non -Vegetated Wetlands
(C) Other - Highground disturbance
[AREA]
m
16,8�ft I 13,602 sqft.
2,818 sqft. 184,000 sqft. 17,786 sqft.
(D) Total Area Disturbed: 119,238 sqft. (2.73 acres)
(E) Primary Nursery Area: Yes
0) Water Classification: SA-ORW Open: OPEN
0
PROJECT SUMMARY: The applicant proposes to construct a new single-family residence,
Richard Johnson
Page 2
maintenance dredge the existing boat basin and access channel, expand the existing basin, and construct a
bulkhead, pier, boathouse, (3) boatlifts, a boat ramp and several floating docks.
9. SITE DESCRIPTION
The project site is located at 7601 Masonboro Sound Road (SR 1515), adjacent to Masonboro Sound, in New
Hanover County. The 5.29 acre tract is 249 feet wide and approximately 1050 feet in depth from Masonboro
Sound. The property consists of two adjoining lots and there is a cottage on the northern lot (Tract 5). The
cottage, "The Wigwam", was built in 1873 for Jane Parsley and has a historic designation from the Historic
Wilmington Foundation, Inc. The topography gently slopes from 20 feet above mean sea level at the house
location to approximately 4 feet above mean sea level along the marsh on Masonboro Sound. There are
numerous Live Oaks on the property over landscape shrubs and mowed lawn grass. In the southeast corner of
the property, there are several mature Loblolly Pines and shrubs along the shoreline including; Grounsel-bush
(Baccharus halimifolia), Yaupon allex vomitoria) and Wax Myrtle (Myrica cerifera). The adjacent marsh
border is approximately 300 feet wide, consisting predominantly of Smooth Cordgra. he(Sla adjacent
alt mars ral,
which transitions to high coastal marsh nearer the shoreline. High marsh coastal wetland species include;
Spike Grass (Mqalicoini spicata), Black Needle Rush (Juncus roemarianusl, Sea Lavender Limonium, spp.),
Glasswort Salicornia, spp.), and Salt Meadow Grass (Spartina patensl. There is Sea Oxeye Borrichia
frutescens and several Grounsel-bush (Baccharus halimifolia) and Marsh Elder (Iva frutescensl shrubs
intermixed in the high marsh vegetation. The landward extent of the wetlands has been delineated and
approved by the US Army Corps of Engineers. There is an existing access channel through the marsh border
terminating with a small boat basin adjacent to the highground. The boat basin and channel were permitted in
1970 under State Dredge and Fill Permit #212 (copy in application).
In the project area, the waters of Masonboro Sound are classified as SA-ORW, by the NC Division of Water
Quality, and they are OPEN to the harvest of shellfish. These waters are designated as Primary Nursery
Area (PNA), by the NC Division of Marine Fisheries.
PROJECT DESCRIPTION
The applicant proposes to complete maintenance dredging of the existing boat basin (40' X 140, X -T) and
access channel ( 450' X 25' X -3'). In addition the project proposes to expand the boat basin 50 feet further
into the highground and stabilize the north and west sides of the basin with a vertical bulkhead (320 LF). The
applicant would complete as much of the existing basin as possible and the basin expansion with mechanical
excavating equipment. Final dredging would be completed, by either, a barge mounted excavator or a
hydraulic pipeline dredge. The spoils disposal area (400' X 210) would be located on the highground in the
southeast corner of the tract. The area is of sufficient size to accommodate either method of dredging. If the
hydraulic option is chosen, then a water control structure would be constructed in the diked area to return the
clarified effluent water to the boat basin. A boat ramp (60' X 16') and associated floating dock (35' X 6')
would be constructed in the northwest corner of the new basin. A system of floating docks, accessed by a
ramp from the bulkhead and creating three (3) boat slips would be constructed in the south end of the boat
basin. The floating dock system would consist of a L-shaped main dock (35' X 6' and 65' X 6% with three
(3) finger piers (35' X 5', 25' X 5' and 20' X 5') spaced to enclose the three (3) boat slips; 18, 14 and 12 fnt of the roof would be 26' X 18', and
eet
wide respectively. Mechanical boatlifts would be installed in each slip. The docking facilities would also
include a boathouse to cover the eastern -most boat slip. The footprint
the upper half (4') of the boathouse walls would be sided. The applicant also proposes to construct a pier
Richard Johnson
Page 3
along the north side of the basin and access channel extending to open waterThe pier would be 592 feet long
and 6 feet wide (384 . from MHW), terminating in an L. -shaped platform, 26 feet long and 26 feet wide. The
ft
northwest corner of the platform would be covered by a roof (16' X 16'). A floating dock (40' X 6') would be
installed on the edge of the access channel, adjacent to the south side of the pier and platform. On the highground, a wooden walkway (6' wide, elevated and slatted) would be constructed on either side access driveway
of the
a boat ramp and between the ramp and the dock system access. There would also be a paved (450' long X 15' wide) constructed from the proposed house construction area. The final design of the future
residence has not yet been completed, however, the applicant has shown the maximum amount of built -upon
area (25 %) allowed on sheet 14 of the application, to be able to submit his Sedimentation and Erosion and Stormwater Plan. He would stay within those maximum allowanPlan
ces and submit detailed designs of n the
house, driveways and landscaping at a later date.
10. ANTICIPATED IMPACTS
The proposed boat basin expansion would result in the excavation of approximately 4,182 square feet of
wetlands and the conversion of 2,818 square feet of highground to estuarine waters. Additional temporary
disturbance of wetlands would occur during the construction of the bulkhead tie back rods and supports on the
north side of the basin. Maintenance dredging in the existing channel and basin would disturb 16,850 square
feet of previously dredged shallow bottom. The boat ramp would incorporate an area of 960 square feet, with
approximately 66 % of that area below MHW. All of the proposed floating docks would create a total of
1,450 square feet of public trust area and estuarine waters incorporation. The boathouse and pier platform
would create an additional 1,192 square feet of incorporation. The proposed pier would shade approximately
900 square feet of coastal wetlands and an additiona12,040 square feet of shallow bottom. Highground
impacts would include 146 LF of wooden walkways (6' wide,, elevated and slatted) adjacent to the bulkhead
and 160 square feet of wooden deck (elevated and slatted). The access driveway to the boat ramp would
disturb and create 6,750 square feet of impervious surface. And, the dredge spoils area would disturb another
84,000 square feet of highground area. Additional highground disturbance would accompany the future
residential construction and landscaping.
Submitted by: E.F. Brooks Date: 2/27/03
Office: Wilmington
\ u �1
I FEB 14 2003
DIVISION OF
COASTAL IVIANAGI NIENT
Project Narrative
Private Boating Facility and Future Homesite
New Hanover County
Richard Johnson, Applicant
The 5.29-acre project site is located on Masonboro Sound Road (S.R. 1515) within the
WilmiWilmington City limits: The property consists of two adjoining lots purchased by the
ngton
Mr. Richard Johnson. The former owners of the two lots obtained permitting
from the Corps of Engineers and the State of North Carolina to excavate a channel and
boat basin in 1970. Copies of those approvals are enclosed with the application materials.
The excavation was completed and is plainly evident. today. The authorized channel and
basin depth was 4' mlw at the time of construction. Since that time, the channel and
basin have filled in to producea condition that severely limits navigation.. The excavated
channel connects to a small curved channel in Masonboro Sound, which leads to the
g mw at its junction
Intracoastal Waterway. This curved channel has a depth averagin—3' l
with the excavated channel and deepens as it approaches the waterway.
The applicant wishes to re -excavate the channel/basin area and extend the basin into the
high ground. These areas will .be excavated to a depth of —3' mlw. A boat ramp will be
constructed along the inner basin wall. The basin will contain a temporary tie up dock for
boat launching and a floating dock system with three boatlift slips. One of the boatlift
slips will feature a constructed boathouse with the top half of the structure enclosed. An
observation deck will be built alongside an access boardwalk on an extension of the
backfilled bulkhead wall. A pier will extend from the basin area out to the small curved
channel. At the end of the pier, a partially roofed deck area and a fourth slip will be
constructed. The boating facility is intended for the private use of the owner and guests.
In order to extend the basin into the high ground, the narrow marsh fringe, which had
volunteered on the landward embankment of the original excavation, will be crossed. In
consideration, the applicant proposes to slope the southern edge of the expanded basin
and plant coastal wetland species. According to the original permit application drawing,
the disposal area for the initial basin excavation extended approximately 70' to 150'
landward and likely was graded flat and vegetated. This disposal area contains the
intended basin expansion footprint. Material removed from the channel and basin will be
placed on the adjacent broad upland area. A land -based mechanical excavator, barge -
mounted excavator and hydraulic pipeline dredge will be used to expand the basin and to
remove material from the original basin and channel. All hydraulic dredge spoils will be
pumped to the constructed containment dike on the property for dewatering. A water
control structure will be used to promote the settling of suspended solids and to allow the
clarified upper water surface to flow back to the sound to a point beyond mean low water
to prevent bottom scour. Following the dewatering process, the accumulated material will
be used for bulkhead backfill, upland site grading and landscaping.
Stormwater, Erosion and Sediment Control
A low -density stormwater/erosion and sediment control plan will be submitted to the
Division of Water Quality and New Hanover County in conjunction with the CAMA
Major Development Permit application. The plan will detail the proposed disturbed areas
and built upon surfaces associated with the boating facility construction. The plan will
also show the proposed disturbed area for a future homesite location. All disturbed
upland areas will be re -vegetated with appropriate ground cover species. Temporary silt
fencing will be installed near the property boundaries on the eastern half of the project
area where material excavated from the basin and channel will be dewatered and finally
graded. Additional'silt fencing will be installed to protect those areas of wetlands on the
property which will are not to be disturbed. The final built -upon area for the homesite is
unknown at present until a design is completed. The anticipated impervious surfaces
associated with the homesite will not exceed 25% of the total property area. No
stormwater collection or engineered treatment systems are proposed. Stormwater from
the development of the homesite will be treated in the surrounding lawn areas. Final
grading of the site will be performed to produce a sheet flow of any precipitation runoff
into to the grassed areas. After home site design and construction, an as -built survey
detailing the limits of the built -upon surfaces will be submitted to NCDWQ. -
VVEry
FEB 14 2003
DIVISION OF
COASTAL N;ANAGBRAENT
1 fR� � �7 �b aJ � '�✓� F 1
Form DCM-MP-I FEB I t) 2M3DIV' �1
�� STALiPv11AGEMENT
APPLICATIOl
(To be completed by all applicants)
1. APPLICANT
a. Landowner:
Name Richard son
Address P.O Box 1586
City Wilson State Wyoming
Zip 83014 Day Phone 307-734-1880
Fax Same
b. Authorized Agent:
Name Jeff Ea
Address 2501 Mimosa Place
Wilmington_ N C 28403
Phone 910-251-8173
C. Application Preparation/Submittal
Name ev_Sta Morrison
Address Land Management Groun Inc
P.O
City Wilmington State N_C.
Zip 28402 Day Phone 910-452-0001
Fax-910-452-0060
d. Project name (if arty) N/A
Reviied 03/95
2. LOCATION OF PROPOSED
--LROJECT
a. CountyNew Hanover
b. City, town, community or landmark
Masonboro Sound community
c. Street address or secondary road number.
7601 Masonboro Sound Road
d. Is proposed work within city limits or
planning jurisdiction? x Yes _No
e. Name of body of water nearest project (e.g.
river, creek, sound, bay) Masonboro Sound
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. List all development acdvitiesyoupropose _(e.g.
building a home, motel, marina, bulkhead, pier,
And excavation and/or filling activities.
Channel dredging maintenance basin expansion
boat K4Mp, boat slips. boat lifts boat housepier
homesite
b. Is the proposed activity maintenance of an
existing project, new work, or both? Both
c. Will the project be for public, private or
commercial use?
Private
d. Give a brief description of purpose, use, methods
Of construction and daily operations ofproposed
Project- If more space is needed, please attach
additional pages. See the attachedproiect
narrative
i\
rq. [ern r:.it1 t,
DIVISION OF
QOASTAP. MIANAGEP:ILNT
Form DCM W-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 5.29 acres
b. Size of individual lot(s) 2.66 and 2.63 acres
c. Approximate elevation of tract above MHW or
MSL_anorox5l
d. Soil type(s) and texture(s) of tract
Lakeland Sand Seagate Fine Sand
e. Vegetation on tract _Live oak loblollYpine
mamolia_ water o sweet Mun, wax m3lde
lawn grasses
f. Man-made features now on tract House. sh
boat channel and basin.
g. What is the CAMA Land Use Plan land
Classification of the site? (,,ttheTaeallandase per„.)
x Conservation Transitional
Developed Community
— Rural Other
h. How is the tract zoned by local government?
Single family residential
uuw
In addition to the completed application form the
following items must be submitted;
* A copy of the deed (with state application only)
or other instrument under which the applicant
claims title to the affected properties. If the
applicant is not claiming to be the owner of said
Property, then forward a copy of the deed or other
instrument under which the owner claims title,
Plus written permission from the owner to carry
out the project.
* An accurate, dated work plat (including plan
Revised 03/95
I. Is the proposed project consistent. with the
.applicable zoning? X Yes No
(Attachzoning compliance certificate, ifapplicable)
j. Has a professional archaeological assessment
been done for the tract? _ Yes x No
Ifyes, by whom? N/A
k- Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes X No
1. Are there wetlands on the site? X Yes No
Coastal (marsh) x Other x
If yes, has a delineation been conducted? Yes
(Attach dos rotation, if available)
m. Describe existing wastewater trealracutficilities.
Wilmington sewer system
n. Describe location and type of discharges to
waters of the state. (For example, surface runoff,
Sanitary wastewater, industrial/commercial
effluent, "wash down" and residential discharges.)
Limited surface runoff
o. Describe existing drinking water supply source.
Wilmington water stem
5. ADDITIONAL INFORMATION
view and cross -sectional drawings) drawn to scale
in black ink on an 8 1/2" by 11" white paper. '(Refer
to Coastal Resources Commission Rule 710203 for
a detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue -line
Prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
Engineers regarding that agency's use of. larger
drawings.) A site or location map is a part of plat
requirements and it must be sufficiently detailed to
guide agency personnel unfamiliar with the area to
the site. Include highway or secondary road (SR)
numbers, landmarks, and the like_
Form DCM-MP-1
* A Stormwater Certification, if one is necessary
* A list of the names and complete addresses of
the adjacent waterfront (riparian) landowners
and signed return receipts as proof that such
owners have received a copf the application
y o
and plats by certified mail. Such landowners
must be advised that they have 30 days in which to
submit comments on the proposed project to the
Division of Coastal Management. Upon signing
this form, the applicant further certifies that such
notice has been provided.
Name Mort and 7JW-Y Neblett
Address 7617 Masonboro Sound Rd.
Wilmington. N.C. 28409
Phone910-392-9366
Name Granville Rock and Gravel LLC
Address 2501
Wilmington' N C 28403
Phone910-251-8173
Name
Address
Phone
* A list of previous state or federal permits
issued for work on the project tract. Include permit
numbers, pemuttee, and issuing dates.
I certify that I am authorized to grant, and do in
fact, grant permission to representatives of state and
federal review agencies to enter on the
aforementioned lands in connection with evaluating
information related to this permit application and
follow-up monitoring of the project.
I further certify that the information provided in this
application is truthful to the best of my knowledge.
This is the 31 st day of January 2003.
Print Name
Revised 03195
* A check for $400 made payable to the
Department of Environment and Natural Resources
(DENR) to cover the costs of processing the
application.
* A signed AEC hazard notice for projects in
oceanfront and inlet areas.
* A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A -1 to
10) If the project involves the expenditure of public
funds or use of public lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND
I understand that any permit issued in response to
this application will allow only the development
described in the application. The project will be
subject to conditions and restrictions contained in
the permit.
I certify that to the best of my knowledge, the
proposed activity complies with the State of North
Carolina's approved Coastal Management Program
and will be conducted in a manner consistent with
such program,
Please cafe attachments pertaining to your
propose project.
X DCM MP-2 Excavation and Fill Information
X DCM MP-3 Upland Development
X DCM MP-4 Structures Information
DCM MP-5 Bridges and Culverts
_ DCM MP-6 Marina Development
NOTE; Please sign and date each attachment in
the spa roMided�t ( eqc
form. �( j� JS
�E3 1 lr2QC3 JL J
DI V iSIOJ%J OF
COASTAL MANAGEMENT
Form DCM-M -2
EXCAVATION
AND FILL
(Except bridges and culverts)
Attach this form to Joint Application for CAMA
Major Permit, Form DCM-MP-1. Be sure to
complete all other sections of the Joint Application
that relate to this proposed project.
Describe below the purpose ofproposed excavation
or fill activities. All values to be given in feet.
. Average Final
Existing Project
Length
width Depth Depth
Access channel
450
25 -.5 -3
(MW) or
mlw mlw
(NWL)
Canal N/A
90
140 +6 -3
Boat
Basin
mlw mjw
ayg
60
16 +7.5 +2.5
Boat
Ramp
mlw mlw
avg avg
Rock N/A
Groin
Rock
y
x
Breakwater
�ff
Other (Excluding
shoreline stab m-
ation) N/A
Revised 03/95
2003
FEB
DIVISION OF
COASTAL MANAGEl-JENT
I. EXCAVATION
a. Amount of material to be excavated from below
MHW or NWL in cubic yards 1400
b. Type of material to be excavated
accumulated fine sand silt
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAVs) or other wetlands? x Yes _ No
d. Highground excavation in cubic yards 2000
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal area upland on southeastern
end ' of Pro])
b. Dimensions of disposal area 400' x 210, avg
c. Do you claim title to disposal area?
x Yes _No
If no, attach alettergrantingpernvssionfromthe
owner.
d Will a disposal area be available for future
maintenance? x' Yes —No
If yes, where?
Same location
Form DCM-MR2
e. Does the disposal area include any coastal
wetlands (marsh), SAVs or other wetlands?
Yes x No
f. Does the disposal include any area in the water?
Yes x No
3. SHORELINE STABILIZATION
a- Type of shoreline stabilization
x Bulkhead (for expansion of basin
inland)
Riprap
b.Length 320'
C. Average distance waterward of MHW or NWL
0'
d. Maximum distance waterwardofMHWorNWL
0'
e. Shoreline erosion during preceding 12 months
N/A
f. Type of bulkhead or nprap material Concrete,
3 iUA steel or treated wood
g. Amount of fill in cubic yards to be placed below
water level
(1) Ripmp none
(2) Bulkhead backfill none, to be built inland of
current mhw line
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a Will fill material be brought to site?
Yes x No
If yes,
(1) Amount ofmaterial to be placed in the water
none
(2) Dimensions of fill area N/A
(3) Purpose of fill N/A
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
_ Yes x No
dyes,
(1)Dimensions of fill area N/A
(2) Purpose of fill N/A
5. GENERAL
a. How will excavated or fill material be kept on
site and erosion controlled?
Silt fencine spoil settlement dike per erosion and
sedmrentahon control plan.
b. What type of construction equipment will be
used (for example, dragline, backhoe, or hydraulic
dredge)? Hydraulic dredge trackhoe dmipgucc
dozer. wader.
h- Type of fill material N/A c- Will wetlands be crossed in transporting
equipment to project site? x Yes No
If yes, explain steps that will be taken to lessen
i. Source of fill material N/A environmental impacts. Machinery to operate on
mats in all wetland areas to remain.
7 TM
Revised 03195 ""�� D
Richard Johnson
Applicant 0070je-0 Name
(Agent)
1/31/03
Date
Revised 03195
fl
r! FEB 1 !{ 2003 J I
DIVISION OF
COASTAL MANAGBIAENT
Form DCM-MP-3
UPLAND
DEVELOPMENT
(Construction and/or land disturbing activities)
Attach this form to Joint Application for CAMA
Major Permit, For DCM-Iv1P-1. Be sure to
complete all other sections of the Joint Application
that relate to this proposed project.
a. Type and number of buildings, facilities, units or
structures proposed Future single homesite
development. unplanned at this time
b. Number of lots or parcels Property consists of
two lots. Owner intends to utilize as single
homesrte.
c. Density (give the number of residential units and
the units per acre) .19 units per acre
d. Size of area to be graded, filled or disturbed
including roads, ditches, etc. Maximum area of
disturbance 4.18 acres for homesite basin/channel
excavation material dewatering and grading area.
e. If the proposed project will disturb more than
one acre of land, the Division of Land Resources
must receive an erosion and sedimentation control
plan at least 30 days before land disturbing activity
begins. If applicable, has a sedimentation and
erosion control plan been submitted to the Division
of Land Resources? X Yes No
If yes, date submitted 1/31/03 is aowlFANovj_-A Co
£ List the materials (such as marl, paver stone,
asphalt, or concrete ) to be used for paved surfaces.
Concrete asphalt marl
g. Give the percentage of the tract within 75 feet of
MHW or NWL, or within 575 feet in the case of an
Outstanding Resource Water, to be covered by
impervious and/or built -upon surfaces, such as
Pavement buildings, rooftops, or to be used for
"�" fly Ity] A �U �H t ��
z
FEB 14
r G(lila� rJ
DIVISION OF
vehicular driveways or parking. 25% maximum
h. Projects that require a CAMA Major
Development Permit may also require a Stormwater
Certification. Has a site development plan been
submitted to the Division of Environmental
Management for review?
X Yes No
If yes, date submitted 1Y31/03
i. Describe proposed method of sewage disposal.
Wllmington sewer system
j. Have the facilities described in Item I. above
received state or local approval? Yes
(Attach appropriate documentation)
k Describe location and type of proposed
discharged to waters of the state (for example,
surface runoff; sanitary wastewater,
industrial/commercial effluent, "wash down" and
residential discharges).
Limited surface runoff
1. Describe proposed drinking water supply source
(e.g. well, community; public system, etc.)
Wilmington water system
m. Will water be impounded? Yes x No
If yes, how many acres?
n. If the project is an oceanfront development,
when was the lot(s) platted and recorded? N/A
Revised 03/95
Form DCM-MP-4
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA
Major Permit, Form DCM-MP-1. Be sure to
complete all other sections of the Joint Application
which relate to this proposed project.
a. Dock(s) and/or Pier(s)
(1) _Commercial _Community x Private
(2) Number 1 pier 3 floating docks
(3) Length pier 384' mhw to e%L 132' outer
marsh to end
floating docks 40' 35' 65'
(4) Width 6'
(5) Finger Piers x Yes _No (floating)
(i) Number 4
(ii) Length 37', 35', 25'. 20'
(iii) Width 5'
(6) Platform(s) x Yes _ No
(i) Number 2
(ii) Length 8'. 26'
(iii) Width 6'. 26'
(7) Number of slips proposed 4
(8) Proximity of structure to adjacent riparian
property lines 22' and 29'
(9) Width of water body 585'
(10) Water depth at waterward end of pier at
MLW or NWL -2.7' mlw
b. Boathouse (including covered lifts)
(1) Commercial —Private x
(2) Length 26'
(3) Width 18'
c. Groin (e.g. wood, sheetpile, etc.) N/A
(1) Number
(2) Length(s)
d. Breakwater (e.g. wood, sheetpile, etc.) N/A
(1) Length
(2) Average distance from MIiW, NWL or
wetlands
Revised 03/95
\ �" 1L
I� FES 14 2003
C V 4 .r
DIVISION OF
COASTAL MiARAGE—MIENT
(3) Maximum distance beyond MHW, NWL, or
wetlands
e. Mooring buoys N/A
(1) _Commercial _Community Private
(2) Number
(3) Description of buoy
(Color, inscription, site, anchor, etc.)
(4) Width of water body
(5) Distance buoy(s) to be placed beyond
shoreline
f. Mooring structure (boatlift, mooringpilings, etc.)
(1) _Commercial _Community x Private
(2) Number 3 boat lifts with 4 pilings each
(3) Length Piling spacing 16' 12' 12'
(4) Width piling spacing 141,10' 8'
g. Other (Give complete description)
11 pilings to secure floating docks
Apply -
Sign;
Date
A
BASIN EXPANSION/CHANNEL CROSS SECTION
TO FUTURE HOMESITE
BASIN AREA
VMnAl
I EXISTING GRADE
WETLAND FRINGE
TIE BACK RODICABLE. LENGTH TBD
,�
f { J F13 9 Ai 2003DIVIEzi0il OF
CO:asrAi MANIAGEMENT
C
BULKHEAD
A'
TO MASONBORO SOUND lip
CHANNEL
AREA TO BE EXCAVATED
BULKHEAD AND DEADMAN DEPTHS PER CONTRACTOR
MHW
MLW
-3' MLW
SCALE HOR. 1 "= 40'
VERT. 1'= 10'
BOATING FACILITY
MASONBORO SOUND
RICHARD JOHNSON
NEW HANOVER COUNTY
SHEET 2
i ice'
FEB 14 03
DIVISION OF
COASTAL MIA iNiAG EIM, ENT
CROSS SECTION AT BOAT RAMP
BASIN BULKHEAD
BULKHEAD AND PILING DEPTHS PER CONTRACTOR
MHW
MLW
-3'MLW
SCALE 1 m= 20'
BOATING FACILITY
MASONBORO SOUND
RICHARD JOHNSON
NEW HANOVER COUNTY
SHEET 2A -
FFB 1 2003
D iViSiu- N OF
,,AN "iGE:1 `_'
2x8 CAP SILL
PIER PROFILE
TYPICAL
OPTIONAL HANDRAIL
2x4 KNEE
2x8 STRINGER
2x8 CROSS BRACING
SURFACE
PILING DEPTH PER CONTRACTOR
RAIL
MINIMUM T FROM BOTTOM OF DECKING TO MARSH SURFACE
ALL HARDWARE AND FASTENERS TO BE GALVANIZED OR STAINLESS STEEL
8x8 PILING
SCALE 1 "= 2'
BOATING FACILITY
MASONBORO SOUND
RICHARD JOHNSON
NEW HANOVER COUNTY
SHEET 2B
J( ,� TYpical Cross Section of
FED I h, 2053 i Ir Proposed:Pier
,/,1
n
14x 4 HANDRAIL POSTS, optional
2 x 6 HANDRAIL,
2X 6 DECKING
2 X 6 or 2 x 8 STRINGER
JOISTS .
6--6' PILING ---------; YM P, I STAINLESS STEEL CABLE
THROUGH -BOLTING
2 X S CROSS
EARTH ANCHOR, SIZE TBD
Piling depths to be determined
by marine contractor
SCALE 1" = 4'
Notes: .
1. All hardware and fasteners to be galvanised steel or stainless steel.
2. Shown cross section is for access pier and its 6' width.Outer deck construction
will be similar, with a 26' width and 16' x 16' HIP roof section.
3. Distance from marsh surface to bottom of decking will be 3' minimum.
Land Nlanagemenf Group, lnc.
Environmental Consultants BOATING FACILITY CROSS SECTION
P.O. BOX2522 MASONBORO SOUND
Wilmington, NC 28402 RICHARD JOHNSON PROPOSED PIER
910-452-0001 NEW HANOVER COUNTY
SHEET 2C
BOAT HOUSE PROFILE
lu
PILINGS FOR BOAT LIFTAND
FLOATING DOCK SYSTEM NOT SHOWN
TYPICAL
FROM EAST SIDE
i
Divir3lilON OF
L OAS 6 ,"!-
-- • •• • - mimes rmo I trvtHS I U BE GALVANIZED OR STAINLESS STEEL
MHW
MLW
-3' MLW
BOATING FACILITY
MASONBORO SOUND
RICHARD JOHNSON
NEW HANOVER COUNTY
SHFFT 911
SETTLEMENT DIKE
TYPICAL CROSS SECTION SW TO NE
�2'FREEBOARD
DIKE
EXISTING GRADE
I
I
I
I
SCALE 1 "= 20'
- _-':54'.CAPACITY
I 28' I
2:1
_ DIKE _-1
CUT AREAZ ADDITIONAL 2' SAFETY MARGIN
140'
4' DEEP DIKE CAPACITY = 1.1 ACRE FEET
EQUALS 1760 CU YD
PROJECT DREDGING VOLUME (BELOW MHW) = 1400 CU YD
JE )IV
it FIB It 20@3 D
OF
BOATING FACILITY
MASONBORO SOUND
RICHARD JOHNSON
NEW HANOVER COUNTY
SHEET 3
Lu
co�t Kok,
E� .�.�.
TEMPORARY WETLAND. DISTURBANCE AREA ' ` , 54. 1 8'
.FOR BULKHEADIDEADMAN INSTALLATION.
1
T iry
I;�i4q
Fed 9 ^I2p
ris V
UPLAND''
DIVISECi,€.C?,
C 0 A S TA! NA, E INT
-0 BECOM
2' 4
vwLt
4L WETLAND SLOPE'
k=._..�� - - .tea Y o
0
k
P �p� pti
•
INTERTIDAL WETLAND FRINGE
Z
SCALE:1 "= 40`
I`
TEMPORARY WETLAND DISTURBANCEAREA.
x ka k`��"k k f FOR CREATION OF COASTAL WETLAND SLOPE,
F _� l\
�N �\Gr / ON CV p pia
��� / WETLAND EXCAVATION FOR BASIN = .096 ACRES
161 •
f
BOATING FACILITY
MASONBORO SOUND
RICHARDJOHNSON
NEW HANOVER COUNTY
SHEET 6
� 0
LOCATION MAP. f
76
O W1TVeR E + Y"'e ^ \ I ` ltF Y
> �9n_ _. fwEie ise afe... e N �✓i! i • �' :�i .�e Gy x
SITE
Oe
76
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MASONBORO SOUND
RICH
ARD JOHNSON
e eao°r �XI R .Pl he' . lY°XLI}rEE T PE(lF yT XifCS R�Fuf as ��•`a, `., NEW HANOVER COUNTY
d R SO4XO Vi RCX? SHEET 9
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.p GW RD, B ceXax x BEN s4 s7G 5 J f k f I _
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^aezw— 1 N9t ltm.
ENTIRE PROJECTAREA IS WITHIN 575' ORWAEC
NEW HANOVER COUNTY TAX MAP
Jt' /
SUBDIVISION INDEX
L �'�:J _f tIe i, t;"1. t.-.4:_:�s{l=.I`• j Nip -
G
100 feet = N�
LEGEND
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a
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. uluITY
MASONBORO SOUND
RICHARD JOHNSON
NEW HANOVER COUNTY
SHEET 10
USGS TOPO QUAD
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2s
y
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25:
S%ice•_ .,.\'l.
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-.^
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NX
1 27
•1.. 13
{ SCALE 1 "= 2000'
�yL
� 0
27
BOATING FACILITY
MASONBORO SOUND
RICHARD JOHNSON
NEW HANOVER COUNTY
DY SHEET 12
0
i 1 We O
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' I� �I Scale 1:15840 5D00 Feet
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Permit
DCM Coordinator: -4r
MAILING DISTRIBUTION:
Permitee: /QtcNARD ✓OH'yi-OA/
.' Agent(/) tl�fF =ARP'
DCM Field Offices:
E*rftbe+Ie_it9'
Morehead City
W44M*94en
Wilmington
US Army Corps of Engineers (USACE):
Washington. tke Bell (NgPOT)
Bi ome (NCDOT)
Ra eigh Blan
Wilmington: T)
Henry Wicker
Others:
Cultural Resources:
Renee Gledhill -Early
Environmental Health:
Beverly Sanders
Marine Fisheries:
Mike Street
NCDOT:
Roberto Canales
Shellfish Sanitation:
Gina Brooks
State Property Office:
Joseph Henderson
Water Quality:
John Dorney
T)
Water Resources:
John Sutherland
Wildlife Resources:
)avid McHenry
Bennett Wynne
Travis Wilson (KCDD_T)
FAXING DISTRIBUTION:
Permitee at�3--Q e 734 / RdPO
ZIA
v
�r1 Agen�af /O)SZ — U O 6 G /R6 r)
DCM Field Offices:
isimizabou Gi4Y
Morehead City
washing4914
Wilmington
US Army Corps of Engineers (USACE):
Washington. Mike Bell (NCDOT)
R2e6me (NCDOT)
etgh land
Wilmington:
Henry Wicker
Updated as 217103
f
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON. NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF:
June 19, 2003
Regulatory Division
Action ID No. 200300475 and State Permit No. 64-03
Mr. Richard Johnson
Post Office Box 1586
Wilson, Wyoming 83014
Dear Mr. Johnson:
.JUI. 0 7 2003
Reference your application for a Department of the Army permit to construct a new single-
family residence, maintenance dredge the existing boat basin and access channel, expand the
existing basin, and construct a bulkhead, pier, boathouse, (3) boatlifts, a boat ramp and several
floating docks at 7601 Masonboro Sound Road, adjacent to Masonboro Sound, Wilmington,
New Hanover County, North Carolina.
Your proposal has been reviewed and found to be consistent with the provisions and
objectives of general permit No. 198000291. Therefore, you may commence construction
activity in strict accordance with applicable State authorization and the approved plan (enclosed).
Failure to comply with the State authorization or conditions of the general permit could result in
civil and/or administrative penalties.
If any change in your work is required because of unforeseen or altered conditions or for
any other reason, plans revised to show the change must be sent promptly to this office and the
North Carolina Division of Coastal Management prior to performing any such change or
alteration. Such action is necessary as revised plans must be reviewed and the authorization
modified.
Questions or comments may be addressed to me at the Wilmington Field Office,
Regulatory Division, telephone (910) 251-4930.
Enclosure
Sincerely,
Henry Wicker, Project Manager
Wilmington Regulatory Field Office
Copies Furnished (without enclosure):
Mr. John Domey
Division of Environmental Management
North Carolina Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Ronald J. Mikulak, Chief
Wetlands Section - Region IV
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
V Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
1638 Mail Service Center
Raleigh, North Carolina 27699-1638
2
Mr. Garland B. Pardue
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Ron Sechler
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. David Rackley
NMFS, Habitat Conservation Division
219 Fort Johnson Road
Charleston, South Carolina 29412-9110
Mr. Jim Gregson, District Manager
Wilmington Regional Office
North Carolina Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Sent By: LAND MANAGEMENT;
910 452 0060 ; Jun•5-03 3:43PM; Page 2
NEW HANOVER COUNTY
Engineering Department
230 Market Place Drive - Suite 160
Wilmington, North Carolina 28403
TELEPHONE 910-798.7139
Beth Easley Wetherill, C.P.E.S.C.
Soil Erosion Specialist
May 20, 2003
Richard Johnson
P st Office $ox 1586
Wilson, Wyoming 83014
Attention: Richard Johnson
RE: Grading Permit 011-03 -Johnson Dredge Disposal
Dear Mr, Johnson:
This office has reviewed the subject sedimentation and erosion control plan. We find
the plan to be acceptable.
Pleasedpermit conditions carefully and return the si ed o 'g}nal to our
office and keep the copy tor ! record
Please be advised that a copy of the approved soil erosion plan and a copy of the
issued grading permit must be available at all times at the site.
New Hanover County's Soil Erosion and Sedimentation control program is
performance oriented requiring protection of the natural resources and adjoining properties.
Jf.following the commencement of the project, it is determined that the plan is inadequate
to meet the requirements of the New Hanover County Soil Erosion and Sedimentation
Control Ordinance, this office may require revisions in the plan and its implementation to
insure compliance with the ordinance.
Recognizing the desirability of early coordination of sedimentation and erosion
control measures, preconstruction meeting! re now re u' d. These meetings should be
held prior to any land disturbing activity on site and should be attended by the grading
contractor and job superintendent. Please contact this office to set the date of the pre -
construction conference at (910) 798-7139. This permit will not preclude any other permits
or approvals necessary for beginning or completing this development. It is the owners
responsibility to have all the approvals or permits that are required prior to beginning
construction. Approval of an erosion control plan is conditioned on the applicants
compliance with Federal and State Water Quality laws, regulations and rules.
Sent By: LAND MANAGEMENT; 910 452 0060 ; Jun-5-03 3:44PM; Page 3
Page Two
Erosion control measuros to be installed prior to grading:
• Tree Removal Permits must be acquired from the City of Wilmington prior to
clearing the site.
• All the soil erosion control measures will be installed as the site is cleared and
maintained throughout construction. These include a construction entrance, silt
fence and immediate construction and stabilization of the settling basin with a water
control structure. The silt fence adjacent to the waterway will migrate inland as the
basin is excavated. The silt fence adjacent to the waterway must have wire backing
with stakes•every--&&feet-apart. The settling basin-and•dewatered•rnaterial°,wiYY'be
graded out and spread across the property after the dredging activity has been
completed,
• Silt fences takes will be placed six feet apart without wire reinforcement or eight feet
apart with wire reinforcer4ent.
• No sediment shall leave the site or enter the wetlands in any event!
• This permit does not preclude any permits or approvals which may be necessary
such as DEM Water Quality, C,A.M.A„ the Corps of Engineers, DEM Solid Waste,
EPA or any other agencies.
• All City and State stormwater requirements will be adhered to
• If plan revisions are necessary, you must submit a copy to this office for approval
prior to any field changes.
• Note the enclosed NPDES information from the State for sites disturbing 1 acre or more and
the re uir .d rates for seed, lime, fertilizer and mulch in your seeding specification&: -
• If soil is removed from the site, it must be taken to an approved or permitted site to
be identified to this office prior to removal from the site.
• If these measures fail to adequately control erosion, more restrictive measures will
be approved.
• If any phase of grading ceases for more than 15 working days, the site will be
temporarily stabilized.
• All slopes will be stabilized within 15 days of cease of any activity.
• Approval of the erosion control plan is conditional on the applicant's compliance
with Federal and State Water Quality laws, regulations and rules.
Sent By: LAND MANAGEMENT;
Page Three
910 452 0060 ; Jun-5-03 3:44PM; ' Page 4/6
A pre -construction meeting is required prior to any activity on site. Please contact
me at (910) 798-7139 to set up this meeting.
Respectfully yours,
Beth Easley Wetherill
Soil Erosion Specialist
New Hanover County
cc: Phil Bevilacqua, City Development Management
Jeff Earp
Jeff Malpass, Malpass Engineering, PC
Steve Morrison, Land Management Group, Inc.
BEW%aj
A
2
Sent By: LAND MANAGEMENT;
CR
New Hanover County
Department of Engineering
230 Market Place Drive - Suite 160
Wilmington, North Carolina 28403
(910) 798-7139
910 452 0060 ; Jun-5-03 3:44PM; Page 5/6
Permit# GP 11-03
Permit for a Land Disturbing Activity
As authorized by the New.Haitover County Erosion and Sedimentation Control Ordinance
This permit issued to _Richard Johnson authorizes the development of 5.29 acres of land at 7601
Masonboro Sound Road in New Hanoer vCounty, This permit issued on .May 20r-2M Yfs subject to compliance
with the application and site drawings, all applicable regulations and special conditions and notes set forth below. Any
plan modifications mint be approved by this office prior to field changes
It is understood by the applicant that a represgntative of New Hanover County's Engineering Department may
inspect the site at any time following the issuance of this Permit. A copy of the approved Soil Erosion Plan and this
permit must be available at all times at the site.
Failure to execute the provisions of this permit and the approved Soil Erosion Plan or any other provisions of
the New Hanover County SoilF..rosion and Sedimentation Control Ordinance, shall result in immediate legal action by
the County to the limits prescribed by the Ordinance. If the measures outlined on the approved Soil Erosion Plan and
this Permit prove insufficient, additional Erosion Control measures can and will be required which in turn will be
considered provisions of this Permit. This Permit does not preclude any other permits or approvals necessary for
beginning or completing this development. Approval of an erosion control plan is conditioned on the applicants
compliance with Federal and State laws, regulations and rules, It is the Permittee's responsibility to obtain, all necessary
permits and approvals.
SPECIAL CONDITIONS
(THESE CONDITIONS MUST BE FOLLOWED IN ADDITION TO THE PLANS AND SPECIFICATIONS)
*Tree Removal Permits must be acquired from the City of Wilmington prior to clearing the site.
*All the soil erosion control measures will be installed as the site is cleared and maintained throughout
construction. These include a construction entrance, silt fence and immediate construction and stabilization
of the settlingbasin with a water control structure,"The silt fence adjacent to the waterway wih nigrate inla'
itd
as the basin is excavated. The silt fence adjacent to the waterway must have wire backing with stakes every 6-8
feet apart. The settling basin and dewatered material will be graded out and spread across the property after
the dredging activity has been completed,
*Silt fence stakes will be placed six feet apart without wire reinforcement or eight feet apart with wire
reinforcement.
*This permit does not preclude any permits or approvals which may be necessary such as DEM Water Quality,
C.A.M.A., the Corps of Engineers, DEIVfSolid Waste or any other agencies.
*No sediment shall leave the site or enter the waterway in my event!
*If plan revisions are necessary you must submit a copy to this office for approval pXi:or to any field changes.
*If soil is removed from the site, it must be taken ta,an approved or permitted site to be identified to this office
prior to removal from the site.
*All City and State drainage and stormwater requirements will be adhered to.
"If these measures fail to adequately control erosion, more restrictive measures will be required.
Sent By: LAND MANAGEMENT; 910 452 0060 ; Jun-5-03 3:45PM; Page 6/6
(Continued) GP# 11-03
'If any phase of grading ceases for more than 15 working days, the site will be temporarily stabilized.
*The approval of an erosion control plan is conditioned on the applicants compliance with Federal and State
Water Quality laws, regulations and rules.
*All slopes will be stabilized within 15 days of cease of any activity.
*Note the enclosed NPUES information from the State for sites disturbing 1 acre or more and the required rates for
seed, lime, fertilizer and mulch in your seeding specifications.
'Apre-construction meeting is required prior to any activity on site. Please contact Beth E. Wetherill at (910) 798-7139
to set up this meeting. .. .... ,..-......_ .... ....... ....I.—. ....... .... ...
This Permit will expire one year, from date of issue
if no construction activity begin on site. This permit
may not be amended or transferred to another party
without approval of this office.
�, (�Jjzrz,�
Beth Easley Wetherill, C.P.E.S.C,
Soil Erosion Specialist/New Hanover County
Acknowledgment of receipt of Permit
Owner
By (please print)
Signature
North Carolina
Michael F. Easley, Governor
Mr. Richard Johnson
P.O. Box 1586
Wilson, WY 83014
Dear Mr. Johnson:
r
NCDENR
Department of Environment and Natural Resources
Division of Coastal Management
Donna D. Moffitt, Director
May 29, 2003
William G. Ross Jr., Secretary
The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the
State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you
and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and
return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of
appeal described below.
If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113- .
229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on
your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit
within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the
final decision on any appeal.
The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out
in accordance with your application. Modifications, time extensions, and future maintenance require additional approval.
Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work
done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements.
From time to time, Department personnel will visit the project site. To facilitate this review, we request that you
complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit
conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By
working in accordance with the permit, you will be helping to protect our vitally important coastal resources.
Enclosure
Sincerely,
Douglas V. Huggett„
Major Permits and Consistency Manager
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: 919-733-22931 FAX: 919-733-14951 Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity \ Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper
DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
A) APPLICANT: Johnson, Richard County: New Hanover
LOCATION OF PROJECT: 7601 Masonboro Sound Road
DATE APPLICATION RECEIVED COMPLETE BY FIELD: February 14, 2003
FIELD RECOMMENDATION: Attached: ]ES h4O To Be Forwarded:
CONSISTENCY DETERMINATION: Attached: No To Be Forwarded: Yes
FIELD REPRESENTATIVE: Brooks DISTRICT OFFICE: Wilmington
DISTRICT MANAGER REVIEW:
B) DATE APPLICATION RECEIVED IN RALEIGH: 3 h v3
PUBLIC NOTICE REC'D: ✓
ADJ. RIP. PROP NOTICES REC'D: V,
FEE REC'D:$ -40 ""
END OF NOTICE DATE: 5/,93.Z03-
DEED REC'D: ✓
APPLICATION ASSIGNED TO: SchaiGrr ON:
C) 75 DAY DEADLINE: 4/30/03 150 DAY DEADLINE:
MAIL OUT DATE: R � S l Ln STATE DUE DATE:
FEDERAL DUE DATE: ¢//4/U3 FED COMMENTS REC'D: S/3/07
—T
PERMIT FINAL ACTION: ISSUE DENY DRAFT ON ,:E 3
AGENCY
DATECOAIMNTS
RETURNED
OBJECTIONS:
YFS NO
NOTES
Coastal Management - Regional Representative
4112103
✓
m / C(/77
Coastal Management - LUP Consistency
�� 0
Division of Community Assistance
Land Quality Section
3 5 U 3
✓
sT v (cq V'r fitN
Division of Water Quality
41CIII13
✓
/%C/ iM /A4&�XW 414/vj
Storm Water Management (DWQ)
SwP
State Property Office
Division of Archives & History
dZZLU3
✓
Division of Environmental Health
`S 1 la3
✓
�rnirurJk
Division of Highways
5l y
Wildlife Resources Commission
1 f 6
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Division. of Water Resources
g-
Division of Marine Fisheries
Submerged Lands DMF
LP�' -- ► C'
X. J
Recommendations for State Permit - Richard Johnson v
Collectively, the project is quite extensive for a single-family residence, however, it has been designed to
meet the specific use standards for the individual structures that have been proposed. The maintenance
dredging was recognized by DMF in pre -application meetings, based on the original federal and State D&F
permits. But, is the proposed basin expansion consistent with the specific use standards in 7H.0208(b)(1).
Paragraph (A) states navigation channels and canals may be allowed through narrow fringes of CW, if it does
not cause a significant adverse impact to fishery resources, water quality, or adjacent wetlands, and that there
is no alternative. DCM, DMF, DWQ comments would need to be in agreement. Approximately 1/2 of the
4,182 square feet of proposed excavated wetlands are Coastal Wetlands and most of that is mixed species,
high marsh CW along the side slope of the existing basin shoreline. Although 2,061 square feet of CW
sounds significant, it would certainly be considered a narrow fringe ( <20 ft.) Along the landward edge of the
existing basin. Paragraph (E) states that boat basin water depths shall decrease from the waterward end
inland. The proposed project has not incorporated this design. However, the applicant has reduced the
proposed depth 0 NLW to -3 feet, instead of -4 feet from the original permit, to meet the requirement in
Paragraph (F). Paragraph Q) states that even maintenance excavation in PNAs is to be avoided unless the
applicant can demonstrate 4 additional criteria; i) water dependent need, ii) previously permitted and
continuous use, iii) no impact on PNA or SAV, and iv) no expansion of original dimensions of the canal or
channel to allow an expanded use. Although boat basins are not specifically mentioned in iv), should it apply,
it is my opinion that even though the property's facilities are increased, the use is still single-family
residential. A problem with this logic arises if the property is subsequently subdivided and the use is
expanded to community.
If a permit is to be issued following the project review, it should contain the standard permit conditions for
piers, docks, boathouses, boatlifts, boat ramps, coastal shoreline, and hydraulic dredging (to include pre -
construction conference & staking for spoil area construction outside of 30' buffer fr. future NHW of basin &
inspection of prepared spoil area prior to use).
RECBVE�`
APR 0 7 2003
owoOF WXABBW
Recommendations for State Permit - Richard Johnson
Collectively, the project is quite extensive for a single-family residence, however, it has been designed to meet the
specific use standards for the individual structures that have been proposed. The maintenance dredging was
recognized by DMF in pre -application meetings, based on the original federal and State D&F permits. But, is the
proposed basin expansion consistent with the specific use standards in 71L0208(b)(1). Paragraph (A) states navigation
channels and canals may be allowed through narrow fringes of CW, if it does not cause a significant adverse impact
to fishery resources, water quality, or adjacent wetlands, and that there is no alternative. DCM, DMF, DWQ
comments would need to be in agreement. Approximately %2 of the 4,182 square feet of proposed excavated wetlands
are Coastal Wetlands and most of that is mixed species, high marsh CW along the side slope of the existing basin
shoreline. Although 2,061 square feet of CW sounds significant, it would certainly be considered a narrow fringe
(<20 ft.) Along the landward edge of the existing basin. Paragraph (E) states that boat basin water depths shall
decrease from the waterward end inland. The proposed project has not incorporated this design. However, the
applicant has reduced the proposed depth @ NLW to -3 feet, instead of -4 feet from the original permit, to meet the
requirement in Paragraph (F). Paragraph (J) states that even maintenance excavation in PNAs is to be avoided unless
the applicant can demonstrate 4 additional criteria; i) water dependent need, ii) previously permitted and continuous
use, iii) no impact on PNA or SAV, and iv) no expansion of original dimensions of the canal or channel to. allow an
expanded use. Although boat basins are not specifically mentioned in iv), should it apply, it is my opinion that even
though the property's facilities are increased, the use is still single-family residential. A problem with this logic arises
if the property is subsequently subdivided and the use is expanded to community.
If a permit is to be issued following the project review, it should contain the standard permit conditions for piers,
docks, boathouses, boatlifts, boat ramps, coastal shoreline, and hydraulic dredging (to include pre -construction
conference & staking for spoil area construction outside of 30' buffer from future NHW of basin & inspection of
prepared spoil area prior to use).
4/d%l
via_ -i m /
Recommendations for State Permit - Richard Johnson
M
I
MEMORANDUM
TO: Doug Huggett
Major Permits Processing Coordinator
FROM: James E. Rosich, AICP
Wilmington District Planner
SUBJECT: CAMA Major Permit Application Land Use Plan Consistency Determination: Richard Johnson,
7601 Masonboro Sound Road — City of Wilmington, New Hanover County
DATE: March 5, 2003
The applicant is proposing to construct a single-family residential structure and associated paved driveway.
Additionally, the following water -dependent uses will be conducted or installed at the project site: maintenance
dredging and expansion of an existing boat basin and associated access channel; construction of a bulkhead
approximately 320 feet in length; construction of a pier, boathouse, three (3) boatlifts and three (3) finger piers; and,
construction of a boat ramp. The proposed project site is located in City of Wilmington at 7601 Masonboro Sound
Road (SR 1515), and adjacent to Masonboro Sound. According to the Division's Field Investigation Report, the
following Areas of Environmental Concern (AECs) will be impacted: Coastal Wetlands, Estuarine Shorelines,
Estuarine Waters and Public Trust Area. Waters at the site are classified SA-ORW, and are open to shellfishing.
Waters at the site are designated as a Primary Nursery Area (PNA).
This development proposal has been reviewed for consistency with the Wilmington — New Hanover County CAMA
Land Use Plan (LUP) Update and Comprehensive Plan (1997-2010), as amended. The land classifications for this
site are Conservation (above listed AECs) and Resource Protection (adjacent upland portion of the site). The
purpose of the Conservation land classification is to provide for effective long-term management and protection of
significant, limited or irreplaceable natural resources while also protecting the rights of the property owner. This
classification allows the following water -dependent uses: docks, wharves, boat ramps, dredging and bulkheads. The
Resource Protection land classification is intended to provide for preservation and protection of important natural,
historic, scenic, wildlife and recreational resources. This land classification includes lands adjacent to estuarine
waters which are classified SA by the NCDENR. The following LUP policies are applicable to this project:
LUP Policy 3.9 —Allow estuarine shoreline erosion control only where the public trust interest is not adversely
impacted and the public shoreline will be the primary beneficiary. The shoreline stabilization method chosen
shall, to the maximum extent feasible, maintain water quality and avoid or minimize adverse effects on nearshore
habitat or natural resources.
LUP Policy 4.9 —Allow uses of estuarine and public trust waters that provide benefits to the public and satisfy the
riparian access needs ofproperty owners. In tidal waters, docks shall be limited to the minimum necessary to
provide riparian access to waterfront property owners.
LUP Policy 4.14 —Allow shoreline erosion control and stabilization above our marsh wetlands only where the
public interest is not impacted and the public shoreline will be the primary beneficiary. The shoreline
stabilization method chosen shall, to the maximum extent feasible, maintain water quality and avoid or minimize
adverse effects on nearshore habitat or natural resources.
This project appears to be consistent with the LUP provided all local, state and federal regulations are met.
cc: Charles Jones, DCM
Mark Zeigler, City of Wilmington
File
AFXr
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
February 28, 2003
MEMORANDUM
TO: Mr. James Rosich, Community Planner
DCM/WiRO
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Richard Johnson
Project Location: 7601 Masonboro Sound Road, New Hanover County
Proposed Project: To construct a single family residence, boat basin, and access channel.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
March 23, 2003 If you have any questions regarding the proposed project, please contact E. F. Brooks at Ext.
247 When appropriate, in-depth comments with supporting data is requested.
REPLY: � This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are incorporated.
See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED D � - 1�- DATE
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845
Phone: 910-395-3900\Fax: 910-350-2004 \ Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \10% Post Consumer Paper
�/4110(03 a�i,e�y
Michael F. Easley, Governor e"4&, 7—
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
April 4, 2003
Mr. Richard Johnson, Owner
PO Box 1586
Wilson, Wyoming 83014
Division of Water Quality
SUBJECT: Approval of 401 Water Quality Certification
and Additional Conditions
7601 Masonboro Sound Road
DWQ Project 8 030238
New Hanover County
Dear Mr. Johnson:
You have our approval, in accordance with the attached conditions (WQC # 3400) to conduct the
following activity at your property located at 7601 Masonboro Sound Road, in New Hanover County.
This approval allows you to:
1). Maintenance dredge the existing boat basin (40' X 140' X —3') and access channel
(450' X 25' X —3'), expand existing basin into highground 50', and construct a 320 LF bulkhead
on the north and west sides of the basin.
2). Construct a pier, boathouse, 3 boadifts, a boat ramp, and a floating dock system.
3). Excavate 4,182 square feet (0.096 acres) of 404 wetlands associated with the expansion of the
boat basin.
This approval is only valid for the purpose and design that you described in your CAMA application
received by the Division of Water Quality (DWQ) on February 28, 2003. After reviewing your
application, we have determined that General Water Quality Certification Number 3400 covers this
activity. This Certification allows you to use your CAMA Permit when the NC Division of Coastal
Management issues it. Please keep in mind that there may be additional Federal, State or Local
regulations applicable to your project, such as (but not limited to) Sediment and Erosion Control, Non -
Discharge and Water Supply Watershed regulations and Coastal Stormwater. In addition, this approval
will expire when the accompanying CAMA Permit expires unless otherwise specified in the General
Certification.
This approval is only valid for the purpose and design that you described in your CAMA Major Permit
application received by the Division of Coastal Management on February 14, 2003. If you change or
modify your project, you must notify the Division (DWQ) in writing and you may be required to send us a
new application for a new certification. If the property is sold, the new owner must be given a copy of the
Certification and approval letter and is thereby responsible for complying with all conditions. If total
wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be
required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the
conditions listed in the attached certification and the additional conditions listed below:
1). The attached Certificate of Completion (COC) must be submitted to the Division upon final
construction of the site;
.o
N. C. Division of Water Quality 127 Cardinal Drive Extension (910) 395-3900 Customer Service ��•
Wilmington Regional Office Wilmington, NC 28405 (910) 350-2004 Fax 1 800 623-7748 NLbINR
Page Two
Mr. Johnson
DWQ Project #030238
April 4, 2003
RECEIVED
APR 0 9 2003
D -OM �� GEVaT
2). Turbidity levels must not exceed 25 NTU outside of the project area. A turbidity curtain must be
installed where appropriate during construction;
3). The dredged material must be disposed of in the approved, diked spoil disposal area.
Please notify this Office at the number listed below if any problem arises during the construction of the
project that may affect water quality.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a
written petition conforming to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the DWQ Permit #030238 under Section 401 of the Clean Water
Act. If you have any questions, please telephone Noelle Lutheran or Rick Shiver at 910-395-3900.
Sincerely,
�` Alan W. Klimek, P.E., Director
J`J 3 Division of Water Quality
Attachments: GC # 3400
Certificate of Completion
cc: Corps of Engineers Wilmington Field Office — Henry Wicker
WiRO - Noelle Lutheran
401/Wetland Unit, Central Office — Cyndi Karoly
CAMA — Ed Brooks
11WkMA RWcmhYl%ug Huge
Central Files
Sent ,Ry: LAND MANAGEMENT;
g10 452 0060 ; May-14-03 3:18PM; Page 1/5
LAND MANAGEMENT GROUP, INC.
Environmental Consultants
Post Office Box 2522
Wilmington, N.C. 28402
PRONE No. 910/452-0001
FAX No. 910/452/0060
Robert L. Moul Suite 14
Larry F. Baldwin Downey Branch Office Park
W. Stephen Morrison 3805 Wrightsville Avenue
G. Craig Turner Wilmington, N.C. 28403
PLEASE DELIVER THE, FOLLOWING DOCUMENT(S) TO: Jeff Schaffer
THIS TRANSMITTAL IS FROM: Steve Morrison
NUMBER OF PAGES: 5
DATE: 5/.14/03
(INCLUDING THIS COVER)
This is a copy of the stormwater permit issued for the Richard Johnson project. I believe
this was all you were waiting for to complete the CAMA permitting process. Please let
me know if there is anything else you need. Thanks for your help.
b
Sent �y: LAND MANAGEMENT;
05/14/2003 09:28 19103430214
910 452 0060 ; May-14-03 3:18PM; Page 2/5
MALPASS ENGINEERING PAGE 02
Mr. Richard ,Johnson
P.O. Box 1586
Wilson, Wyoming 83014
Dear Mr, Johnson:
Michael F. E-aslPy, c,nvernor
William 0, Rosa Jr., Secretary
North Carolina Department of Environment and Natural Resoureas
Alen W. Klimek, RE.,Dlrector
Division of Water Quality
May 12, 2003
Subject; Permit No. SWS 030128
Richard Johnson, Privatc property
Oeneral Permit Stormwater
Bulkhead and Single Family Residence
New Hanover Cututty
The Wilnni n Regional Office received a complete Stotzttwatez Management Permit
Application nr Rich
Jo on, Private Property on Ma S, 2003. Staff review of the plans and
spectflcations has determinhedthat the project, as ose will comply with the utoratwater
Regulations set forth in Title ISA NCAC 2H .1000, We are forwarding Permit No. 5W8
030128, dated May 12, 2003, for the construction of the subject project,
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
conditions and limitations as specified therein,
If any parts, requirements, or limitations contained in this permit are unacc isle, you have the
frglu to request iur s4djuduatoty hearing upon written request withizt thirty (30) days fallowing
tscatpt of this permit. This request must be in the form of a written petition contnrming to
Chapter 15013 of the North Carolina General Statutes, and filed with lice Office of Admutistrative
Hearings, P.O. Drawer 27447, Raley, NC 27611 7447. Unless such demand arc made this
permit shall be final and binding.
If yyoou have any questions, or need additional information conctaniug this tuattek, please contact
dither cue or Laurie Munn at (910) 395-3900.
Sincerely,
Rick Shiver
Water Quality Regional Supervisor
RSSl19m: S:IWQSISTORMWATVERNED030128,rnay03
w: Jcmey malpws, P.E.
Steve Mornsoa
New Hanover County Buildin Inspections
Bent Weilteiill, New Hanover �otutty Enginccting
Wilmington Regional Office
Central Files
N. c, Division of Water OuAlity T27 Cardinal D6ve �ttanaion (013) 39553900 catomer service
Wilmington Regional OMce Wilmington, NC 28405 (9i10) 350.2004 Fat 1 800623-7748 MEW
Sent,Ry: LAND MANAGEMENT; 910 452 0060 ; May-14-03 3:19PM; Page 315
05/14/2003 09:28 19103430214 MALPASS ENGINEERING PAGE 03
state Stormwater Management Systems
Permit- o.SW8 Q.1012a
STATE OF NORTH CAROLINA
DEPARTMENT OF EN` IXUNNIENT, HEALTH AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWA.MMMANAGEMEU PERMIT
GENERAL PERMIT
Li Carolina st ar with mendetd, and other applicable Laws Rules and Reguurlations al Statutes of North
PERMISSION IS HERE13Y GRANTED TO
Mr. Richard Johnson
7601. Masonbom Sound Road
New lYanover Cuunry
FOR THE
construction of a single family residence, boat ramp, and boat access road in compliance with the
provisions of 15A NLAC 2H.1000 (hereafter refcued to as the "erormwatsr rules') and the
approved stornawater management plans and specifications, and other supporting data as attached
and on file with and approved by the Divisinrl of water Quality and considered a part of this
permit for Ricbard Johnson.
,he Permit shall be effective fTuur the date of issLumco until rescinded and Phai,l bra subject to the
following specific conditions and linnitations:
I. DESIGN STANDARDS
1. This ppermit covers the construction of a maximmn of 49,375 square feet of built -upon
area for the single famil residence and the boat access road. Built-upona rn enccss
of 57,600 has re ne minimized rrequire as a permith as posa li ation, For the boat ramp, the built -
upon 2. The approved Erosion. Control plan will be followed.
3. Approved plans and specifications for projects covered by this permit are incorporated by
refe,rence and are enforceable parts of the permit.
4. No new stormwater piping shall be allowed except that amount shown on the approved
surfa a such alan 1W s at oad; and that minimum amount needed under drivewirect nmoff ays toimpervious
provide
ous
access to lots.
S. A 30' vegetated buffer area must be maintained between all impervious areas and surface
waters.
6. Roof drainage is not allowed to be piped directly to the receiving stream. All roof drains
must teruunatc at least 30' from the mean high water mark.
Sent_gy: LAND MANAGEMENT; 910 452 0060 ; May-14-03 3:19PM; Page 4/5
05/14i2803 09:28 19103430214 MALPASS ENGINEERING PAGE 04
ST.ats Stormwater Management Systems
Permit 0128
11. SCHEDULIE OF COMPLIANCE
1, Thepermittee shall at all timesprovide adequate erosion control measures in
conformance with the approvedErosionControl Plan.
2. within�ittee shall submit all the ime frame specified in tthe writtenation niinformatiuested on requestthe �r or his representative
3. The permitter shall submit to the Director and shall have received approval for revised
plans, specifications, and calculations prior to construction fbr the following items:
& Any revision to the approved plans, regardless of size.
b. Proj ect name change.
G. Transtl:r vf owiiership,
d, Redesign of, addition to or deletion of the approved amount ofbuilt•upon erns,
regardless of size.
e. Further subdivision of the project area.
f, Alteration of the proposed drainage.
4. The Director mayy determine that other revisions to the project should require a
modification to file permit.
5. The Director may notify the perrnittee when the permitted site does not meet one or more
of the minimum requirements of the permit. Within the time frame specified in the notice,
the permitter. shill submit a written time schedule to the Director for modifying the site to
meet minimum reguirements, The permitter shall provide copies of revised plans and
certification in writing to the Director that the changes have been made.
III, GENERAL CONDITIONS
1. Fail"te to abido by t)ie conditions and limitations contained in this permit may subject the
Permi.ttee to an enforcement action by the Division of Water Quality, in aceordance with
North Carolina General Statutes 143-215.6A to 143-215.6C.
2. The permit issued shall continue in force and effect until revoked or terminated.
3. The permit may be modifled, revoked and reissued or terminated for cause, The filing of
a request for a p emrit modification, revocation and reissuance, or termination does not
stay any permit condition.
4. The issuance of this permit does not prohibit the Director from reopening and modifying
the permit, revoking anti reissuing the permit. or� inating the�ermit as allowed bythe
Codlawse, Subchapter 2H, 000; and regulations and North Carolina General Staontained in Title 15 A 0 Me tute 143 aro2l S Administrative l-
5. The permit is not transferable except after notice to and approval by the Director. The
Director may require modification or revocation and reissuance of the permit to change
the, name and incorporate such other requirements as may be necessary, A formal pemut
request must be submitted to the Division of Water Quality accompanied by the
appropriate fee, documentation fxom both parties involve and other supporting
materials as may ba appropriate. Tlie approval of this request will be considered on its
merits, and may or may not be approved. Thope=ttec is responsible fur compliance
with the permit conditions until such time as the Director approves the transfer.
6. The issuance of this permit does not preclude the Formittee from complying with any and
all statutes, rules, regulations, or ordinances which may be imposed by other govemmsnt
agencies (local, state and federal) which have jurisdiction.
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05/14/2003 09:2B 19103430214 MALPASS ENGINEERING PAGE 05
State stonmvater Management Systems
Formit No.SW 8 030128
7. The permittee grants permission to NCDENR Staff to enter the property during normal
busine5� hours for the pwposo of inspecting the project.
S. The permittee shall notify the Division of any name, ownership or mailing address
obanges within 30 days.
Permit issued this, the I2th day of May, 2003
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
-------- ------
Alap W. Klunck, P,E., Ducetor
Division of Water Quality
Fay Authority of the Environmental Management Commission
Permit Number SW8 030128
�S , (0,P)
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Marine Fisheries
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
MEMORANDUM
TO: Doug Huggett
Major Permits Processing Coordinator
FROM: Mike Street
DATE: April 2, 2003
SUBJECT: CAMA/DREDGE AND FILL PERMIT
Richard Johnson / New Hanover County
Preston P. Pate, Jr., Director
RECEIVE(
APR 0 7 <uL
OIKOF�7 ANAQafFNr
Attached is the Divisions' reply for the above referenced project. If you have any
questions, please do not hesitate to contact me.
MS/sw
3441 Arendell St., P.O. Box 769, Morehead City, North Carolina 28557
Phone: 252-726-70211 FAX: 252-727-51271 Internet: www. ncdmf . net
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper
®�
NCDENR
North Carolina Department of Environment and Natural Resources V
Division of Coastal Management
Michael F. Easley, Govemor Donna D. Moffitt, Director William G. Ross Jr., Secretary
u u1t:►1 Ju
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
Proposed Project:
February 28, 2003
Fritz Rohde
Mr. Preston P. Pate, Jr., Director
Division of Marine Fisheries
Doug Huggett
Major Permits Processing Coordinator
CAMA/DREDGE & FILL Permit Application Review
Richard Johnson
7601 Masonboro Sound Road, New Hanover County
To construct a single family residence, boat basin, and access channel.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
March 23, 2003 If you have any questions regarding the proposed project, please contact E. F. Brooks at Ext.
247 When appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
the project only if the recommended chances are
This agency objects to the project for reasons described in the attached comments.
SIGNED C �1 DATE
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845
Phone: 910-395-3900\Fax: 910-350-2004 \ Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \10% Post Consumer Paper
'State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
Division of Marine Fisheries
Michael F. Easley Governor
Preston P. Pate, Director
MEMORANDUM
March 24, 2003
TO: Doug Huggett
FROM: Fritz Rohde
6Yi1�I tZKI 11�� �Tf iFf.7 iTi R3'i. 'i1
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Because of the sensitive nature of the area (ORW, PNA, open to shellfish), the Division
of Marine Fisheries makes the following recommendations:
1. Hydraulic dredging to occur only between October 1 and March 31.
2. In order to reduce runoff, use pervious material on the driveway instead of paving or some
sort of vegetation. A
3. Limit the scope of the project to maintanence dredging, except the DMF is not opposed to
high ground excavation.
127 Cardinal Drive Ext., Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper
AFM s V./ 5 csS�J
North Carolina
Michael F. Easley, Governor
u u tl l::►1 u
wV
NCDENR
Department of Environment and Natural
Division of Coastal Management
Donna D. Moffitt, Director
March 5, 2003
TO: Bennett Wynne
Wildlife Resources Commission
ATTN: Habitat Conservation Program
FROM: Doug Huggett
Major Permits Processing Coordinator
Resources
William G. Ross Jr., Secretary
RECEIVED
MAR P 1 2003
DIV. OF COASTAL MANAGEMENT
RALEr,H
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: RICHARD JOHNSON
PROJECT LOCATION:7601 MASONBORO SOUND ROAD, ADJACENT TO
MASONBORO SOUND IN NEW HANOVER COUNTY.
PROPOSED PROJECT: CONSTRUCT A NEW SINGLE-FAMILY RESIDENCE,
MAINTENANCE DREDGE THE EXISTING BOAT BASIN AND
ACCESS CHANNEL, EXPAND THE EXISTING BASIN, AND
CONSTRUCT A BULKHEAD, PIER, BOATHOUSE, (3)
BOATLIFTS, A BOAT RAMP AND SEVERAL FLOATING
DOCKS.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by March 26, 2003. If you have any questions regarding the proposed project, please contact
Doug Huggett at (919) 733-2293, ext. 244. When appropriate, in-depth comments with supporting
data is requested.
REPLY
This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project, only if the recommended changes are incorporated.
This agency objects to the project for reasons described in the attached comments.
SIGNED �n DATE 3
63 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: 919-733-2293 \ FAX: 919-733-1495 \ Internet: hftp://dcm2.enr.state.nc.us
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper
® North Carolina Wildlife Resources Commission KN
Charles R. Fullwood, Executive Director
MEMO TO: Doug Huggett
Division of Coastal Management
FROM: Bennett Wynne %j�
Habitat Conservation Program
DATE: March 20, 2003
SUBJECT: CAMA Dredge & Fill Permit Application for Richard Johnson, 7601 Masonboro
Sound Rd., on Masonboro Sound, Wilmington, New Hanover County, North
Carolina.
The North Carolina Wildlife Resources Commission has reviewed the project for impacts
to wildlife and fishery resources. A site visit was made on March 12, 2003. Our comments are
provided in accordance with provisions of the Fish and Wildlife Coordination Act (48 Stat. 401,
as amended; 16 U.S.C. 661 et seq.) and the Coastal Area Management Act (G.S. 113A-100
through 113A-128).
The applicant proposes to construct a new residence, maintenance dredge and expand an
existing boat basin and access channel, build a paved driveway accessing the expanded boat basin,
construct a bulkhead, pier, boathouse with 3 boat lifts, several floating docks, and a boat ramp on
an historic 5.3 acre Masonboro Sound property. Dredge spoil would be deposited on the tract's
high ground. We understand the existing boat basin and access channel were excavated in 1970.
The shoreline of these features now supports well -developed coastal wetlands that provide quality
habitat for muskrat, opossum, wading birds, waterfowl, diamondback terrapin, juvenile fishes, and
estuarine invertebrates. Area waters are classified SA-ORW, designated Primary Nursery Area
(PNA), and are open to shellfish harvest.
As proposed, new dredging would commence through marsh at the head of the existing
basin into high ground. About 0.1 acre of coastal wetland habitat buffering ORW, PNA, and
open shellfishing estuarine waters from adjacent. upland residential area would be lost to new
excavation. Sloping an undetermined area along the southern edge of the basin and planting with
coastal wetland species is offered as compensation for the loss of wetlands, but this would not
offset loss of the existing wetland margin's stormwater buffering function. The new paved
Mailing Address: Division of Inland Fisheries A 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: (919).733-3633 ext. 281 • Fax: (919) 715-7643
s
Richard Johnson dredging, etc. 2 3/20/03
driveway (0.15 acre of impervious surface) and boat ramp may channel stormwater directly into
extremely sensitive estuarine waters. Any contact of wet concrete that may be associated„with
boat ramp construction with surface waters could result in mortality of estuarine organisms.
Maintenance dredging of the existing channel and basin would disturb about 0.4 acre of shallow
bottom, potentially resulting in significant turbidity -related water quality decline in an ORW and
PNA that is open to shellfishing. Cumulative impacts of new dredging with maintenance dredging
may further degrade the area's sensitive waters. Secondary water quality impacts associated with
increased boating activity may occur. Also, the pier would shade high quality marsh and very
productive shallow estuarine bottom. Finally, the workplat indicates the deck and dock at the end
of the pier may encroach on the small channel it accesses, hindering navigation through the
channel. Based on these concerns, we recommend the following project conditions.
Due to extremely sensitive estuarine waters at the site, dredging will be limited to open
water within the existing boat basin and access channel footprint (i.e., maintenance
dredging). This will likely require a reduction in scope of the basin component of the
project. Dredging will avoid the April 1 to September 30 period of peak biological
activity and will be isolated from the waters of Masonboro Sound by a carefully
installed and maintained turbidity curtain. No future dredging associated with the pier,
boathouse, and docks that might be sought will be allowed.
2. Instead of paving the driveway, use pervious material and/or incorporate a stormwater
retention basin or vegetated swale.
3. Avoid contact of wet concrete with surface waters during boat ramp construction.
4. Pier decking will be elevated a minimum of 4 ft. off the marsh floor to allow sunlight
penetration to underlying wetland vegetation.
The deck and dock at the end of the pier will not encroach on the small navigation
channel.
Thank you for the opportunity to comment on this project. If you have questions, please
call me at (252) 522-9736.
AMA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
February 28, 2003
MEMORANDUM
TO: Dan Sams
for: Mr. James Simons, Director
Division of Land Quality
10 tie) kly,
SUBJECT:
Applicant:
Project Location:
Proposed Project:
Doug Huggett
Major Permits Processing Coordinator
CAMA/DREDGE & FILL Permit Application Review
Richard Johnson
7601 Masonboro Sound Road, New Hanover County
�r-
- REGT)
MAR 0 5 20U3
D1V.0FGO STAL(MGEMENT
RALEI
To construct a single family residence, boat basin, and access channel.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
March 23, 2003 If you have any questions regarding the proposed project, please contact E. F. Brooks at Ext.
247 When appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
I� This agency approves of the project only if the recommended changes are incorporated.
r�:ll +r ein.. ! Sstl:f Ge�r.t pit^ aPPl:c.�i t aJ0J1*V � giis.iq: V, we-3itewwt✓
"I P-Rre , This agency objects to the project for reasons described in the attached comments.
SIGNED DATE Fe8
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845
Phone: 910-395-3900\Fax: 910-350-2004 \ Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \10% Post Consumer Paper
NCDENR
North Carolina Department of Environment and Natural
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director
February 28, 2003
MEMORANDUM
TO: Ms. Melba Laney
for: Mr. William A. McNeil, Director
Division of Community Assistance
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMAIDREDGE & FILL Permit Application Review
Applicant: Richard Johnson
Project Location: 7601 Masonboro Sound Road, New Hanover County
Resources
William G. Ross Jr., Secretary
FEB 2
L2L_
RECEIVE'
MAR 0 r `lOUJ
DIV. OF COASTAL MANAGEMENT
RALEIQH
Proposed Project: To construct a single family residence, boat basin, and access channel.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
March 23, 2003 If you have any questions regarding the proposed project, please contact E. F. Brooks at Ext.
247 When appropriate, in-depth comments with supporting data is requested.
REPLY: , /This agency has no objection to the project as proposed.
v This agency has no comment on the proposed project.
SIGNED
This agency approves of the project only if the recommended changes are incorporated.
See attached.
Erosion and Sediment Control Plan application and approval is required for this project.
This agency objects to the project for reasons described in the attached comments.
DATE 2-1-a f/d 3
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845
Phone: 910-395-3900\Fax: 910-350-2004 \ Internet: hftp://dcm2.enr.state.nc.us
An Equal opportunity \ Affirmative Action Employer - 50% Recycled \10% Post Consumer Paper
North Carolina
Michael F. Easley, Governor
MEMORANDUM
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
Proposed Project:
r
NCDENR
Department of Environment and Natural
Division of Coastal Management
Donna D. Moffitt, Director
February 28, 2003
Mr. Charles F. Stehman, P.G., Ph.D.
Division of Water Quality/Groundwater Section
Doug Huggett
Major Permits Processing Coordinator
CAMA/DREDGE & FILL Permit Application Review
Richard Johnson
7601 Masonboro Sound Road, New Hanover County
Resources
William G. Ross Jr., Secretary
RECEIVED
MAR 0 4 2003
D►V. OF COASTAL MANAGEMENT
RALEIGH
To construct a single family residence, boat basin, and access channel.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
March 23, 2003 If you have any questions regarding the proposed project, please contact E. F. Brooks at Ext.
247 When appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
,This agency approves of the project only if the recommended changes are incorporated.
See attached.,-�r o. F C-. - (�ja, I- 1 0) Z Ch w+ . ca-Q /fir e- d ¢
R,e37?14R 71 /� Nu tL c- l% e� �r
This agency objects to the proJ�ftor reasons descr4�ed in the attached comments.
SIGNED ' Cam' `� DATE
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845
Phone: 910-395-3900\Fax: 910-350-2004 \ Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \10% Post Consumer Paper
North Carolina
Michael F. Easley, Governor
NCDENR
Department of Environment and Natural Resources
Division of Coastal Management
Donna D. Moffitt, Director
March 5, 2003
RECEIVED'
MAR 0 6 9nn,
State Property of
William G. Ross Jr., Secretary
MEMORANDUM RECEIVED
TO: Mr. Joseph H. Henderson, Director MAR 1 1 2003
State Property Office DIV.OFCOASTAL MANAGEMENT
Department of Administration RALEIGH
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: RICHARD JOHNSON
PROJECT LOCATION: 7601 MASONBORO SOUND ROAD, ADJACENT TO
MASONBORO SOUND IN NEW HANOVER COUNTY.
PROPOSED PROJECT: CONSTRUCT A NEW SINGLE-FAMILY RESIDENCE,
MAINTENANCE DREDGE THE EXISTING BOAT BASIN AND
ACCESS CHANNEL, EXPAND THE EXISTING BASIN, AND
CONSTRUCT A BULKHEAD, PIER, BOATHOUSE, (3)
BOATLI TS A BOAT RAMP AND SEVERAL FLOATING
DOCKS.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by March 26, 2003. If you have any questions regarding the proposed project, please contact
Doug Huggett at (919) 733-2293, ext. 244. When appropriate, in-depth comments with supporting
data is requested.
REPLY
This agency has no oection to project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project, only if the recommended changes are incorporated.
This agency objects to the project for reasons described in the attached comments.
SIGNED roW `'DATE 3 IZ P
1839 Mail Service Center, Raleigh, North Carolin 276 9-1638
Phone: 919-733-2293 \ FAX: 919-733-1495 \ Intemet: hfp://dcm2.enr,state.nc.us
An Equal Opportunity \ Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper
00
Jan.28 2003 3 52PM MARSHALLWILLIAMSGORHAM9103438604
No•0428 P. 2/9
FOR REG I STRRTT NOHRISTIRN OF OEEOS
Draftsman: DAVID C. BAREFOOT REBECCAR cOUNTv, NC
ATTORNEY AT LAW Returned To: 2002 3uN 17 0002f35 $20 AM 00
Elks Temple Building MARSHALL WILLIAMS BK 3332REV,78 ENUE STRNP-. S1.950. 00
255 North Front Street & GORHAM, LLP INSTRUMENT a 2o02m30a17
P.O. Drawer 1766
Wilmington, North Carolina Parcel No. R06700-002-053-000
STNMPS 4 ,1)SO• CD
STATE OF NORTH CAROLINA
WARRANTY DEED
COUNTY OF NEW HANOVER
THIS DEED, made and entered into as of the 13th day of June, 2002, by and between
KOSTER L. RICHARDSON and CAMILLE F. RICHARDSON, TRUSTEES, under the
RICHARDSON LIVING TRUST dated February 9, 1996, (herein "Grantors"), parties of the first
part; and RICHARD JOHNSON and wife, CAROLE JOHNSON (hereinafter called "Grantee"),
party of the second part, whose mailing address is:
PO Box 1586, Wilson, Wyoming 83014-1586
(whether one or more persons, firms, or corporations). The designation Grantors and
Grantees as used herein shall include said parties, their heirs, successors, and assigns, and
shall include singular, plural, masculine, feminine or neuter as required by context.
WITNESSETH:
THAT the said Grantor, in consideration of the sum of TEN ($10.00) DOLLARS, and
other good and valuable considerations paid to them, receipt of which is hereby
acknowledged, has bargained and sold, and by these presents does hereby grant, bargain,
sell and convey unto the said Grantee, the following described lands located in the County of
New Hanover, State of North Carolina, and being more particularly described as follows:
BEING Part of TRACT 6, LIVE OAKS, on Masonboro Sound and
being more particularly described upon EXHIBIT A hereto
attached and incorporated by reference.
ECE1H ��1
JAN 3 1 2003
DIVISION OF
COASTAL MANAGEMENT
Page 1 of 3
Jan 28 2003 3 53PM MARSHALLWILLIAMSGORHAM9103438604 No 0428 P. 3/9
TO HAVE AND TO HOLD the above granted and described lands and premises,
together with all and singular, the rights, privileges, easements, tenements, duties, obligations
and appurtenances thereunto belonging, or in anywise appertaining unto the said Grantee, in
fee simple, FOREVER.
AND said Grantor covenants with the Grantee that the Grantor is seized in fee simple
of the above granted and described premises, and has good right to sell and convey the same
in fee simple, that the title is marketable and free and clear of all encumbrances, except as
herein set forth, and except for 2002 ad valorem taxes, and usual utility easements and rights
of way of record, and that said Grantor will WARRANT and DEFEND the title to the same
against the lawful claims and demands of any and all persons whomsoever.
IN TESTIMONY WHEREOF, the parties of the first part have hereunto set their hands
and seals all the day and year first above w ten.
r / (SEAL)
KEISTER L. RICHARDSON
Trustee of the Richardson Family Trust
Dated February 9, 1996
CAMILLE F. RICHARDSON
Trustee of the Richardson Family Trust 1AN 3 12003 De
Dated February 9, 1996 ,
DIVISION OF
STATE OFMAINE COASTAL MANAGEMENT
COUNTYOF L�fY'mo
I,� t� r S fXdf2L a Notary Public for the aforesaid County and State, hereby certify
that KEISTER L. RICHARDSON and CAMILLE F. RICHARDSON, TRUSTEES, under the
RICHARDSON LIVING TRUST dated February 9, 1996 personally appeared before me this
day and acknowledged the due execution of the foregoing instrument.
WITNESS my hand and seal this 13Th day of June, 2002.
REBECCA S. BREDEAU
My Commission Expires
July 6, 2004
Trust.m nboro. dm
Jao•28. 2003 3:53PM MARSHALLWILLIAMSGORHAM9103438604 NoA428 P. 4/9
Exhibit A — Property Description
Part of Tract 6, Live Oaks on
Masonboro Sound
Commence at an existing concrete monument located in the centerline of Finian Drive at
its intersection with the northwestern right of way line of Masonboro Sound Road (SR #
1515); thence South 27 degrees 12 minutes 17 seconds East a distance of 70.91 feet to an
existing iron pipe in the southeast right of way line of Masonboro Sound Road; said
existing pipe being the Point of Beginning; thence along and with the division line
between "Tract 5-Live Oaks on Masonboro Sound" and "Tract 6-Live Oaks on
Masonboro Sound as shown on Book 184 Page 270 New Hanover County Registry South
61 degrees 54 minutes 54 seconds East a distance of 923.59 feet to an existing concrete
monument at the mean high water of Masonboro Sound; thence along and with the mean
high water of Masonboro Sound the following: South 53 degrees 06 minutes 21 seconds
West a distance of 21.77 feet to a point; South 47 degrees 54 minutes 08 seconds West a
distance of 23.22 feet to a point; South 34 degrees 23 minutes 52 seconds West a distance
of 28.08 feet to a point; South 17 degrees 30 minutes 00 seconds East a distance of 19.56
feet to a point to a point; South 19 degrees 04 minutes 19 seconds West a distance of 5.29
feet to a point; North 60 degrees 07 minutes 02 seconds West a distance of 21.89 feet to a
point; South 63 degrees 02 minutes 56 seconds West a distance of 47.72 feet to an iron
pipe; thence (leaving the mean high water of Masonboro Sound) along and with the
division line between "Tract 6-Live Oaks on Masonboro Sound and "Tract 7-Live Oaks
on Masonboro Sound as shown on Book 184 Page 270 New Hanover County Registry
North 62 degrees 02 minutes 48 seconds West a distance of 875.69 feet to an existing
concrete monument; thence along and with the southeast right of way line of Masonboro
Sound Road (SR #1515) North 31 degrees 03 minutes 36 seconds East a distance of
129.00 feet to the Point of Beginning, containing 2.66 Acres, more or less; and being a
portion of Tract 6 "Live Oaks on Masonboro Sound.
�
Fj 7 �
Metes and Bounds Description prepared by Michael N. Underwood, P.L.S. JAN 3 12003
1DIVISiON OF
COASTAL MAiNAUEP,4ENT
No•0428 P. 5/9
Jq, 28. 2003 3:54PM MARSHALLWILLIAMSGORHAM9103438604
REBECCA T. CHRISTIAN
REGISTER OF DEEDS, NEW HANOVER
JUDICIAL BUILDING
316 PRINCESS STREET
WILMINGTON, NC 28401
•YfY}#h4i%#}1*X11f*##*1R#*µ*Yf11f%tfµf%11t4kXtItlf{fY}#}14n%t*µf1fYY#YYff*##;*#if%ffY#}X#Y#}RYn#}µf RniYf Y#tt}nRXR}RYfY4R
Filed For Registration:
Book:
Document No.:
NC REAL ESTATE EXCISE TAX:
Recorder:
0611712002 10:02:35 AM
RE 3332 Page: 785-788
2002030417
DEED 4 PGS $20.00
$1,950.00
JACQUELINE NELSON
Aftfkllf*f*hfkff%f*i*hR;4*#4fk11ft**f*f;;;#}t*4f*f;ffiffY****if**f****Rff1f**f**{R**R*f***ffff R*f1***fklf***f*1f Rf*{*1ff
State of North Carolina, County of New Hanover
The foregoing certificate of REBECCA S BREDEAU Notary is certified to be correct. This 17TH of June 2002
By:
T
of Deeds
OF DEEDS
*2002030417*
2002030417
"V
JAN 3 1 2003 U
DIVISION OF
COASTAL MANAGEMENT
Jan•28. 2003 3:64PM MARSHALLWILLIAMSGORHAM9103438604 Na 0428 P. 6/9
TaxLot No. _ .................... _.............. ................................................... Parcel Identifier No. RpG %
Verifiedby ...... ....... _........................................................ County on the ................ day of ........... .__.._._..... .... ... _.......... .. .......
by............................................. .... ............. ....... ............... ........................ ................................... ... ................................... ...... ..............................I'll
Mail after recording to
This instrument was prepared by I•rtta. & Favley,.Atmmeys,without title search ............................................ .._............ ......... ...
Brief description for the Index I Pr 79.4 Cr 6 -'1W 0411 aN into sxo o
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED made this .....I.I.th.... day of...........................W............................:. 29.02..., by and between
GRANTOR
Mary B. Dobbins, widow
7601 Masonboro Sound Road
Wilmington, NC 29409
GRANTEE
Richard Johnson and wife,
Carole Johnson
PO Box 1586
Wilson, WY 83014
Enter In appropriate black for each party: name, address. and, If appropriate, character of entity, e.q• corporation or peortnery 1p.
The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and
shall include singular, plural, masculine, feminine or neuter as required by context.
WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby
acknowledged, has and by these presents does prank bargain, sell and convey unto the Grantee in fee simple, all that _
certain lot or parcel of land situated in the City of ........... ......_...W.RatiAgwo... ............. ..., ....foll.....s:
..........NSa'.biaop��!._.....___. County, North Carolina and more particularly described na follows: (1 llJlyd�,n jjj,,i111111^JJl i11L
Sce attached "Exhibit A" U
)AIR 31 2003
pIV1MON 0G tAENT
COASTAL
r
M.C. Bar Aooc. ?arm No. L-r a toll, Rotted lall. NCBA epI
'So liv
Jan.28. 2003 3 54PM MARSHALLWILLIAMSGORHAM9103438604 No•0428 P. 7/9
U - C KIV a
JAN 3 12003
DIVISION OF
COASTAL MANAGEMENT
The property heraluabove described was acquired by Grantor by instrument recorded in DAAk.6DA•hV-i]b-............................
A map showing the above described property is recorded in Plat Hook...............184............... page .......... 2. A........
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to
the Grantee in fee simple.
And the Grantor covenants with the Grantee, that Grantor is salted of the premises in fee simple, has the right to convey
the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and
defend the title against the lawful claims of all persona whomsoever except for the exceptions hereinafter stated.
Title to the property hereinabove described is subject to the following Exceptions:
2002 Ad Valorem
IN WITNESS wHERROF, the Gontnr nee hereunto set nY aW Md MY, Y u {even", aY aaeed fats aMrOeaa to °"l -d Or1 Its
I.1"I.te name by try duly autLaalnrd etticele end Ile seal to be k readable Rule" by ea"emy eI W ul use el DWefoes. e aq bad
uel
'
__-_-.__.._ pt C_-1-�1ad�+..e._t--_----
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ceawLl
<cprvara" x,m.l la Mary . Dob , vn o
0
By: ____________ __ .--•_-• ti .. _------.. .. -(SEAL)
z
------------------
AxRYi: (SaAL)
............................................................... pl
fi
............... ..............teeret ly(cerebrate Aran ?
Sa TA" Noara CaaounA- ---------- HCV-1jollo f..._....__ceuev.
D. DAlj 1. 1 Ne"v roam of me C•uaq a" a"" •Tonle, lertuy IRA M>!rY.R_Pph U'-%Yidpri----------------
__________________________I________.__.._._..._ Oru"e.
/� �1p7A� Y ----"--'------' . Ya e! f a lYtramot Wtmus m>
�- i PansWv Appeared earote me WY say Yd •okaewl"e t the or ata
r • r = k.ed Ye oN""1 atwp .r ...1, — -_I ---- ea.> Y .......... ... .Ap � -___._ ____.___^�942 _.
itr i0f/81.�0 �' sfy eamnlwloa �/�„1[�-�!________ _________�.._ __ __ . Nonq PvaW
NOarg CABOLANA_---------------------------------- County'
1, a Na"rr peam of W Cavaty cad 6YY aloreteld. eIrtlfy Unt._--._..__.-_............................
Y PermeW> YM Y[Ye ma Mal dly end the, .___ he Ir---------------------- ---- aYrateq M
y ___Z-_____W lb________________________________ a Na[W Carollur cavontha, avd tact by Ratlregey dety
a"te Ya Y Yt t ao.Doratlo4 toe forese"i Instrument Wes Ogned Iu It, nerve by the
0 _______
d Prw"sa<, ..W., WIW IY cottoning aW ad rttratN by _ Y Its aeuatan.
wl"<aa any bound sued o1lleYl aYmD er reel. WY _______eY et..........................r.--....__..
BY eommWlen Dept...: ___----- -------------------- ---------------------------------------- Ne"q hew
roe leraralY CarCtYc"W of ---------------------------- _.---- _----------------
----------------- ----------------------_---_--__.____-__----_____..-----__---.--__-.--.-_______-___-._.-_--_____.________________
-________________________________________________________________________________________________________________________..___....______._..
Y/Ye Yrnu" " ae eareRR 'rat. Innenmml end We eetUAreY au duly realatered et the del end lWr end en the Book and Pate Wown on We
Nrst Yoe arms!.
Or DEEDS F06____________ .. - .COUNTY
4, ^______^� ��______________����-��-�__ -_�. _➢eDaty/AnnYnt-ee[LYr of Deeds
N. C.6ar d Fsrm No. l-101976, Berutl n l9r> NCBA 001 ...I • • • I.e.
Jas.28. 2003 3:55PM
MARSHALLWILLIAMSGORHAM9103438604
No.0428 P. 8/9
Exhibit A — Property Description
Part of Tract 5, Live Oaks on
Masonboro Sound
JAN 3 12003
d.
OF
Commence at an existing concrete monument located in the centerline of Finian�DIViSfONTA L M A N AG E P E
its intersection with the northwestern right of way line of Masonboro Sound Ro
1515); thence North 66 degrees 41 minutes 23 seconds East a distance of 101.90 feet to
an existing iron pipe located in the southeastern right of way line of Masonboro Sound
Road; said existing iron pipe being the Point of Beginning; thence along and with south
line of "Division of the T.E. Sprunt Tract at Live Oaks on Masonboro Sound" as the
same shown on Map Book 36 Page 46 of the New Hanover County Registry South 61
degrees 56 minutes 10 seconds East a distance of 961.59 feet to an iron pipe at the mean
high water of Masonboro Sound; thence along and with the mean high water of
Masonboro Sound the following: South 24 degrees 38 minutes 14 seconds West a
distance of 34.90 feet to a point; South 21 degrees 51 minutes 54 seconds East a distance
of 51.24 feet to a point; South 30 degrees 12 minutes 53 seconds West a distance of 24.27
feet to a point; North 64 degrees 31 minutes 27 seconds West a distance of 36.19 feet to a
point; North 05 degrees 33 minutes 51 seconds East a distance of 34.19 to a point; North
42 degrees 26 minutes 43 seconds West a distance of 18.99 feet to a point; North 83
degrees 34 minutes 06 seconds West a distance of 26.48 feet to a point; South 26 degrees
53 minutes 11 seconds West a distance of 25.81 feet to a point; South 27 degrees 31
minutes 01 seconds West a distance of 14.98 feet to a point; South 00 degrees 21 minutes
20 seconds West a distance of 15.83 feet to to an existing concrete monument; thence
(leaving the mean high water of Masonboro Sound) along and with the division line
between "Tract 5-Live Oaks on Masonboro Sound" and "Tract 6-Live Oaks on
Masonboro Sound as shown on Book 184 Page 270 New Hanover County Registry North
61 degrees 54 minutes 54 seconds West a distance of 923.59 feet to an existing iron pipe
at the southeastern right of way line of Masonboro Sound Road (SR #1515); thence along
and with the southeastern right of way line of Masonboro Sound Road North 30 degrees
36 minutes 25 seconds East a distance of 120.13 feet to the Point of Beginning;
containing 2.63 acres, more or less; and being a portion of Tract 5 Live Oaks on
Masonboro Sound.
Metes and Bounds descrition prepared by Michael N. Underwood, P.L.S.
Jan•28. 2003 3:55PM
MARSHALLWILLIAMSGORHAM9103438604
No•0428 P. 9/9
REBECCA T. CHRISTIAN
REGISTER OF DEEDS, NEW HANOVER
JUDICIAL BUILDING
316 PRINCESS STREET
WILMINGTON, NC 28401
iii.iYYYtl4xxxNNNflMliftxMxNNitliiwNfYIM1NMNN;Nf NNi'/1txNwxxxNNixNN'MfNYNwiHNbINN»'fxfxNNxxilf YYR
Filed For Registration: 051311200212:52:24 PM
Book: RE 3317 Page: 18-21 W,HV'
Document No.: 20020275321L�
DEED 4 PGS $20.00 JAN 3 12003
NC REAL ESTATE EXCISE TAX: $2,700.00 DIVISION OF
Recorder: ICAREN D GALLOWAY COASTAL MANAGEMENT
fNNt�HixNNNN:YNxxYrNNxNiN»xxNxNNxNNixxY'kwifxNNxxwNNNNixxxxtllxxxNfixNNNNxxN»wxNNNNe'N4i*k
State of North Carolina, County of New Hanover
The foregoing certificate of ERIC D DATTLER Notary is certified to be correct. This 31 ST of May 2002
REBECCA T. CHRISTIAN , RESISTER OF DEEDS
*2002027532*
2002027532
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
IO I j
February 28, 2003 G 9
eer`� rrt c VED
MEMORANDUM �y�PHAR 4 2003
NNC
TO: Ann Hines, LPO MAR Mp,�,Grs""T �y DEPT.
New Hanover County OFONCONSItCN 9
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Richard Johnson
Project Location: 7601 Masonboro Sound Road, New Hanover County
Proposed Project: To construct a single family residence, boat basin, and access channel.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
March 23, 2003 If you have any questions regarding the proposed project, please contact E. F. Brooks at
910-395-3900. When appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
.-'This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are incorporated.
See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED ,/10- ✓— _ ' DATE .312A_92
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845
Phone: 910-395-3900\Fax: 910-350-2004 \ Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \10% Post Consumer Paper
�` SS ✓� RECEIVED
NCDENR MAR 1 2003
North Carolina Department of Environment and Natural ReSoufWFCOASTAL
MANAGEMENT
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
MEMORANDUM
TO:
FROM:
SUBJECT:
APPLICANT:
March 5, 2003
Linda Sewall, Director
Division of Environmental Health
Doug Huggett
Major Permits Processing Coordinator
CAMA PERMIT APPLICATION REVIEW
RICHARD JOHNSON
*9 1 1 2;T�
SHECCFr- .-.r
�'q_-=TON
PROJECT LOCATION: 7601 MASONBORO SOUND ROAD, ADJACENT TO
MASONBORO SOUND IN NEW HANOVER COUNTY.
PROPOSED PROJECT: CONSTRUCT A NEW SINGLE-FAMILY RESIDENCE,
MAINTENANCE DREDGE THE EXISTING BOAT BASIN AND
ACCESS CHANNEL, EXPAND THE EXISTING BASIN, AND
CONSTRUCT A BULKHEAD, PIER, BOATHOUSE, (3)
BOATLIFTS, A BOAT RAMP AND SEVERAL FLOATING
DOCKS.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by March 26, 2003. If you have any questions regarding the proposed project, please contact
Doug Huggett at (919) 733-2293, ext. 244. When appropriate, in-depth comments with supporting
data is requested.
REPLY
This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project, only if the recommended changes are incorporated.
This agency objects to the project for reasons described in the attached comments.
DATE �8� 02
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: 919-733-2293 \ FAX: 919-733-1495 \ Intemet: hftp://dem2.enr.state.nc.us
An Equal Opportunity 1 Affirmative Action Employer -50% Recycled 110% Post Consumer Paper
cm
GENERAL COMMENTS Apph
The applicant should be advised that plans and specifications for all water system improvements must be approved by the
Division of Environmental Health prior to the award of a contract or the initiation of construction (as required by 15A NCAC
18C 0.0300 et. seq.). For information, contact the Public Water Supply Section, (919)733-2460.
This project will be classified as a non -community public water supply and must comply with state and federal drinking water
monitoring requirements. For more information, the applicant should contact the Public Water Supply Section, (919)733-2321.
If this project is constructed as proposed, we will recommend closure of adjacent waters to the harvest of shellfish. For
information regarding the Shellfish Sanitation program, the applicant should contact the Shellfish Sanitation Section,
(252)726-6827.
Cumulative impacts from this type of project could cause deterioration in water quality. The proposed project would increase
impervious surfaces and alter natural drainage patterns. There would be a loss of natural vegetation causing an increase in
stormwater runoff which could jeopardize the open status of adjacent waters. For more information the cant shout
contact the Shellfish Sanitatir Section at (252)726-6gg27. LF doe x¢%� W-11U.. )4o -9 0 60
C /osc�r� k�ou/aC e /L'cLo.++.xPnoFPCQ.
The subject project is located in an area open to shellfish harvesting The 10-slip dock, as proposed, would not cause closure in
accordance with 15A NCAC 18A .0911 MARINAS: DOCKING FACILITIES: OTHER MOORING AREAS; however,
dockage at the facility could exceed 10 boats. If this was to occur, closure would be recommended in accordance with DEH
Hiles. For information regarding shellfish sanitation, the applicant should contact the Shellfish Sanitation Section at (252)726-
6827.
Proliferation of these type facilities could cause deterioration in water quality and consequently additional closures of
/ shellfishmg waters. For more information, the applicant should contact the Shellfish Sanitation Section at (252)726-6827.
V The spoil disposal area(s) proposed for this project may produce a mosquito breeding problem. For information concerning
appropriate mosquito breeding measure, the a lic should contact the Public Health Pest Mans gem Section at 252)726-
8970. The applicant sh d also contad�with Mosquito Control in ty
at 0
This is a mosquito breeding area. Construction plans and operations should include awareness of this. The applicant should
contact the Public Health Pest Management at (252)726-8970 for a site visit or information to help prevent the creation of more
mosquito habitat.
The applicant should contact with Mosquito Control in County
at
The applicant should be advised that this area is a mosquito infested habitat. Mosquito control will be a problem.
The applicant should be advised that prior to the removal or demolition of dilapidated structures, an extensive rodent control
program may be necessary in order to prevent the migration of rodents to adjacent areas. For information concerning rodent
control, contact the local health department or the Public Health Pest Management Section, (919)733-6407.
The applicant should be advised to contact the local health department regarding their requirements for septic tank installations
(as required under 15A NCAC 18A .1900 d.seq.). For information concerning septic tank and other on -site waste disposal
methods, contact the On -Site Wastewater Section at (919)733-2895.
The applicant should be advised to contact the local health department regarding the sanitary facilities required for this project.
The applicant should work with the local health department to assure that plans for the
UL
Reviewer:
Date: Z 2
are
county
Contact Person(s)
Telephone #
Brunswick
Rick Hickman, Darry Somersett
(910)253-2515
New Hanover
Ken Sholar
(910)252-2505
Onslow
J.R. Batchello�rll
(910)455-0181
�'�i>%1I��IJ
Pender
(910)259-1228
Carteret
Jim Earp
(252)728-8595
Craven
Ray Silverthorne
(252)636-4920
Pamlico
J. Lassiter
(252)745-5111
Dare
S� /
(252)473-1101
Brunswick
Rick Hickman
(910)253-2515
A140*141' ---SS . �, la3
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
March 5, 2003
MEMORANDUM
TO: Mr. Roberto Canales
State Construction/Materials Branch
Division of Highways
FROM: Doug Huggett
Major Permits Processing Coordinator
RECEIVED
MAR 1 n 2003
Otv.OFCOASTAL MANAGEMENpt^5T(��CT 3
RALEIGH
SUBJECT: CAMA PERMIT APPLICATION REVIEW
I
APPLICANT: RICHARD JOHNSON
MAR 10 zo
PROJECT LOCATION: 7601 MASONBORO SOUND ROAD, ADJACENT TO
MASONBORO SOUND IN NEW HANOVER COUNTY.
PROPOSED PROJECT: CONSTRUCT A NEW SINGLE-FAMILY RESIDENCE,
MAINTENANCE DREDGE THE EXISTING BOAT BASIN AND
ACCESS CHANNEL, EXPAND THE EXISTING BASIN, AND
CONSTRUCT A BULKHEAD, PIER, BOATHOUSE, (3)
BOATLIFTS, A BOAT RAMP AND SEVERAL FLOATING
DOCKS.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by March 26, 2003. If you have any questions regarding the proposed project, please contact
Doug Huggett at (919) 733-2293, ext. 244. When appropriate, in-depth comments with supporting
data is requested.
REPLY
This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project, only if the recommended changes are incorporated.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: 919-733-2293 \ FAX: 919-733-1495 \ Internet: hftp://dcm2.enr.state.nc.us
An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper
OUR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
MEMORANDUM
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
Proposed Project:
February 28, 2003
Ann Hines, LPO
New Hanover County
Doug Huggett
Major Permits Processing Coordinator
CAMA/DREDGE & FILL Permit Application Review
Richard Johnson
7601 Masonboro Sound Road, New Hanover County
hlAR 4 2003
NHC
INSP.
DEPT.
RECEIVE®
MAR 2. 0 2003
OiV. OF COASTAL MANAGEMENT
RALE10H
To construct a single family residence, boat basin, and access channel.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
March 23, 2003 If you have any questions regarding the proposed project, please contact E. F. Brooks at
910-395-3900. When appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
✓This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are incorporated.
See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED ✓/�—' r �1
DATE
F
O4V \SV�N O EVENT
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 t oplz TT � pI1P
Phone: 910-395-3900\Fax: 910-350-2004 \ Internet: hftp://dcm2.enr.state.nc.us
An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \10% Post Consumer Paper
3 S—,5(,,eD
5
NCDENR
North Carolina Department of Environment and Natural Resources DAIlSiON OF
Division of Coastal Management WATER RESOt/RCES
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
March 5, 2003
1101pill t):7\1:1Pie WV
TO: Mr. John Sutherland, Chief
Water Planning Section
Division of Water Resources
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: RICHARD JOHNSON
PROJECT LOCATION: 7601 MASONBORO SOUND ROAD, ADJACENT TO
MASONBORO SOUND IN NEW HANOVER COUNTY.
PROPOSED PROJECT: CONSTRUCT A NEW SINGLE-FAMILY RESIDENCE,
MAINTENANCE DREDGE THE EXISTING BOAT BASIN AND
ACCESS CHANNEL, EXPAND THE EXISTING BASIN, AND
CONSTRUCT A BULKHEAD, PIER, BOATHOUSE, (3)
BOATLIFI'S, A BOAT RAMP AND SEVERAL FLOATING
DOCKS.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by March 26, 2003. If you have any questions regarding the proposed project, please contact
Doug Huggett at (919) 733-2293, ext. 244. When appropriate, in-depth comments with supporting
data is requested.
P13401!`1
This agency has no objection to the project as proposed.
X, This agency has no comment on the proposed project.
This agency approves of the project, only if the recommended changes are incorporated.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE d Z7 �
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: 919-733-2293 \ FAX: 919-733-1495 \ Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled \ 10% Post Consumer Paper
flEcaVET)
APR 0 7 NO3
DI 0004"Wh
Michael F. Easley, Governor
e�l=�
NCDENR
MAR 6 2003
Carolina Department of Environment and Natural Resources HISTOF10pRESERVATN)NOFm
Division of Coastal Management
Donna D. Moffitt, Director William G. Ross Jr., Secretary
IU_ U I ._. ► 1 U
TO:
FROM:
SUBJECT:
APPLICANT:
March 5, 2003
Ms. Renee Gledhill -Early, Director
Division of Cultural Resources
Archives & History Building
Doug Huggett
Major Permits Processing Coordinator
CAMA PERMIT APPLICATION REVIEW
RICHARD 7"RNSON
k
PROJECT LOCATION: 7601 MASONBORO SOUND ROAD, ADJACENT TO
MASONBORO SOUND IN NEW HANOVER COUNTY. pc 0& _1/a1105
PROPOSED PROJECT: CONSTRUCT A NEW SINGLE-FAMILY RESIDENCE,
MAINTENANCE DREDGE THE EXISTING BOAT BASIN AND
ACCESS CHANNEL, EXPAND THE EXISTING BASIN, AND
CONSTRUCT A BULKHEAD, PIER, BOATHOUSE, (3)
BOATLIFI'S, A BOAT RAMP AND SEVERAL FLOATING
DOCKS.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by March 26, 2003. If you have any questions regarding the proposed project, please contact
Doug Huggett at (919) 733-2293, ext. 244. When appropriate, in-depth comments with supporting
data is requested.
REPLY
This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project, only if the recommended changes are incorporated.
Thi ency objects
sttorthe project for reasons described in the attached comments.
RECHUDID DATE
MAR 112093 1638 Mail Service Center, aleigh, North Carolina 27699-1638
Phone: 919-733-2293 \ FAX: 919-733-1495 \ Internet: hftp://dcm2.enr.state.nc.us
An Equal Opportunity l Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper MAR I 0 2003
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO May 20, 2003
Regulatory Division
Action ID No. 200300475
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
1638 Mail Service Center
Raleigh, North Carolina 27699-1638
Dear Mr. Huggett:
RECEIVED
MAY 2 2 2003
DIY. OF COASTAL MANAGEMENT
RALEIGH
Reference Richard Johnson's application for a Department of the Army permit to construct
a new single-family residence, maintenance dredge the existing boat basin and access channel,
expand the existing basin, and construct a bulkhead, pier, boathouse, (3) boatlifts, a boat ramp
and several floating docks at 7601 Masonboro Sound Road, adjacent to Masonboro Sound,
Wilmington, New Hanover County, North Carolina.
The Federal agencies have completed review of the proposal as presented by the
application and your field investigation report.
We recommend that the following conditions be included in the State authorization:
1. All work authorized by this permit must be performed in strict compliance with the
permit plans, which are a part of this permit.
2. No excavation or filling will be permitted between the dates of April 1 and
September 30 of any year without the prior approval of the North Carolina Division of Coastal
Management.
3. All excavated materials will be confined landward of the mean high water (MHW)
elevation contour and any regularly or irregularly flooded vegetated wetlands.
4. All excavated materials will be confined landward of the mean high water (MHW)
elevation contour within adequate dikes or other retaining structures to prevent spillover of solids
into any vegetated wetlands or surrounding waters.
17. It is possible that the authorized structure may be damaged by wavewash from passing
vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to
ensure the integrity of the permitted structure and the safety of moored boats. The permittee will
not hold the United States liable for any such damage.
18. The permittee understands and agrees that, if future operations by the United States require
the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required,
upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or
obstructions caused thereby, without expense to the United States. No claim shall be made against the
United States on account of any such removal or alteration.
In addition, the permittee shall notify
NOAA/NATIONAL OCEAN SERVICE
Chief Source Data Unit
Attention: Sharon Tear N CS261
1315 E West HWY RM 7316
Silver Spring, MD 20910-3282
at least two weeks prior to beginning work and upon completion of work.
Should you have any questions or comments, please contact the undersigned at telephone
(910) 251-4930.
Sincerely,
Henry Wicker
Project Manager
Wilmington Regulatory Field Office
Enclosure
Copy Furnished (without enclosure):
Mr. Jim Gregson, District Manager
Wilmington Regional Office
North Carolina Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
5. Flow from the diked retention area will be confined by pipe, trough, or similar device to
a point at or below the mean low water (MLW) elevation contour to prevent gully erosion and
siltation.
6. No excavated or fill materials will be placed at any time in any vegetated wetlands or
waters.
7. No vegetated wetlands will be excavated or filled.
8. Excavation will not exceed 3 feet below the elevation of mean low water (MLW).
9. The temporary placement or double handling of excavated or fill materials within
waters or vegetated wetlands is not authorized.
10. This permit does not authorize the interference with any existing or proposed Federal
project, and the permittee will not be entitled to compensation for damage or injury to the
authorized structure or work which may be caused from existing or future operations undertaken
by the United States in the public interest.
11. No attempt will be made by the permittee to prevent the full and free use by the public
of all navigable waters at or adjacent to the authorized work. Use of the permitted activity must
not interfere with the public's right to free navigation on all navigable waters of the United States.
12. The permittee shall comply with the attached list of United States Coast Guard
Regulations.
13. No excavated or fill material will be placed in any location or in any manner so as to
impair surface water flow into or out of any wetland area.
14. The authorized structure and activity will not cause an unacceptable interference with
navigation.
15. The activity will be conducted in such a manner as to prevent a significant increase in
turbidity outside the area of construction or construction -related discharge. Increases such that
the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by
the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all
saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not
considered significant.
16. This Department of the Army permit does not obviate the need to obtain other Federal,
State, or local authorizations required by law.
May 7, 2003
Regulatory Division
Action ID No. 200300475
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
1638 Mail Service Center
Raleigh, North Carolina 27699-1638
Dear Mr. Huggett:
Reference Richard Johnson's application for a Department of the Army permit to construct
a new single-family residence, maintenance dredge the existing boat basin and access channel,
expand the existing basin, and construct a bulkhead, pier, boathouse, (3) boatlifts, a boat ramp
and several floating docks at 7601 Masonboro Sound Road, adjacent to Masonboro Sound,
Wilmington, New Hanover County, North Carolina.
The Federal agencies have completed review of the proposal as presented by the
application and your field investigation report.
We recommend that the following conditions be included in the State authorization:
1. All work authorized by this permit must be performed in strict compliance with the
permit plans, which are a part of this permit.
2. No excavation or filling will be permitted between the dates of April 1 and
September 30 of any year without the prior approval of the North Carolina Division of Coastal
Management.
3. All excavated materials will be confined landward of the mean high water (MHW)
elevation contour and any regularly or irregularly flooded vegetated wetlands.
4. All excavated materials will be confined landward of the mean high water (MHW)
elevation contour within adequate dikes or other retaining structures to prevent spillover of solids
into any vegetated wetlands or surrounding waters.
5. Flow from the diked retention area will be confined by pipe, trough, or similar device to
a point at or below the mean low water (MLW) elevation contour to prevent gully erosion and
siltation.
6. No excavated or fill materials will be placed at any time in any vegetated wetlands or
waters.
7. No vegetated wetlands will be excavated or filled.
8. Excavation will not exceed 3 feet below the elevation of mean low water (MLW).
9. The temporary placement or double handling of excavated or fill materials within
waters or vegetated wetlands is not authorized.
10. This permit does not authorize the interference with any existing or proposed Federal
project, and the permittee will not be entitled to compensation for damage or injury to the
authorized structure or work which may be caused from existing or future operations undertaken
by the United States in the public interest.
11. No attempt will be made by the permittee to prevent the full and free use by the public
of all navigable waters at or adjacent to the authorized work. Use of the permitted activity must
not interfere with the public's right to free navigation on all navigable waters of the United States.
12. The permittee shall comply with the attached list of United States Coast Guard
Regulations.
13. No excavated or fill material will be placed in any location or in any manner so as to
impair surface water flow into or out of any wetland area.
14. The authorized structure and activity will not cause an unacceptable interference with
navigation.
15. The activity will be conducted in such a manner as to prevent a significant increase in
turbidity outside the area of construction or construction -related discharge. Increases such that
the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by .
the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all
saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not
considered significant.
16. This Department of the Army permit does not obviate the need to obtain other Federal,
State, or local authorizations required by law.
ti
17. It is possible that the authorized structure may be damaged by wavewash from passing
vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to
ensure the integrity of the permitted structure and the safety of moored boats. The permittee will
not hold the United States liable for any such damage.
18. The permittee understands and agrees that, if future operations by the United States require
the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required,
upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or
obstructions caused thereby, without expense to the United States. No claim shall be made against the
United States on account of any such removal or alteration.
In addition, the permittee shall notify
NOAA/NATIONAL OCEAN SERVICE
Chief Source Data Unit
Attention: Sharon Tear N CS261
1315 E West HWY RM 7316
Silver Spring, MD 20910-3282
at least two weeks prior to beginning work and upon completion of work.
Should you have any questions or comments, please contact the undersigned at telephone
(910) 251-4930.
Sincerely,
Henry Wicker
Project Manager
Wilmington Regulatory Field Office
Enclosure
Copies Furnished (without enclosure):
Mr. Jim Gregson, District Manager
Wilmington Regional Office
North Carolina Division of Coastal Management
127 Cardinal Drive Extension
3
r-,
-.
Wilmington, North Carolina 28405
0
Richard Johnson
Subject: Richard Johnson
Date: Thu, 08 May 2003 09:38:41 -0400
From: Linda Lewis <Linda.Lewis@ncmail.net>
Organization: NC DENR
To: Jeff Schaffer <Jeff.Schaffer@ncmail.net>
Dear Jeff:
I found the file. A permit was drafted, but not issued. Laurie requested
additional information on April 16, and it was submitted on May 5. I
assume she will be doing a review of that information shortly. A
combined general permit for both a boat ramp and single family residence
will be issued if everything is OK.
Linda
1 of 1 5/8/03 9:42 AM
i
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
May 1, 2003
Richard Johnson
PO Box 1586
Wilson, Wyoming 83014
Dear Mr. Johnson:
This letter is with reference to your application for a Coastal Area Management Act
Major Development and state dredge and fill permit to construct a single family residence,
maintenance dredge an existing boat basin and channel, expand the existing basin and construct a
bulkhead, pier, boathouse, 3 boat lifts, a boat ramp and several floating docks on you property
located at 7601 Masonboro Sound Road, Wilmington, New Hanover County, NC. Although
processing of the application is nearing completion, additional time is needed for this office to
complete the review and make a decision on your request. Therefore, it is necessary that the
standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c)
which would make July 14, 2003 the new deadline for reaching a decision on your request.
However, we expect to take action prior to that time and will do so as soon as possible. In the
interim, if you have any question on the status of your application, do not hesitate to contact this
office.
Very sincerely,
Jeff Schaffer
Asst. Major Permits/Consistency Coordinator
cc: Jason Dail — DCM, Wilmington
DCM, Morehead City
Jeff Earp, 2501 Mimosa Place, Wilmington, NC 28403
Steve Morrison, Land Management Group, Inc., PO Box 2522, Wilmington, NC 28402
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: 919-733-2293 \ FAX: 919-733-1495 \ Internet: http://www.nccoastaimanagement.net
An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
Regulatory IVVlf oI1 REFER TO M&"k 1 .� 00 3
ECErvEC
APR 0 3 2003
Action ID. �Ce3CO k % 5 -Applicant:
Waterway: i�Rsmr11dro SLA%4 County: NP-LO 0rANdVtr Type Work: kedle c�kef
Mr. Ron Sechler
National Marine Fisheries
Service, NOAA
Pivers Island
Beaufort, North Carolina 28516
Mr. Ronald J. Mikulak, Chief
Wetlands Section — IV
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. Garland Pardue, Field Supervisor
Fish and Wildlife Enhancement
U.S. Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Commanding Officer
United States Coast Guard
Marine Safety Office
1502 North Front Street
Wilmington, NC 28405
Gentlemen:
Commander, Aoww
Coast Guard, Atlantic Area
431 Crawford Street
Portsmouth, Virginia 23704
Without enclosures
Mr. Doug Huggett
Division of Coastal Management
NC Dept of Environment and
Natural Resources
1638 Mail Service Center
Raleigh, North Carolina 27699-1638
A
5' ' Regional Office
Division o Coastal Management
NC Department of Enviornment, Health
and Nat, ral Resources
LI^,
2 S
d
Mr. David Rackley
National Marine Fisheries Service, NOAA
219 Forth Johnson Road
Charleston, South Carolina 29412-9110
Pursuant to Action ID No. 198000291, the CAMA-Corps general permit/processing agreement, a
State Field Investigation Report is enclosed. Your comments and/or recommendations would be
appreciated on or before q - / f -0.3
Questions or comments may be addressed to the undersigned, available at telephone
(910) 251-4930.
Sinc rely,
Henry Wler, Project Manager
Wilmington Regulatory Field Office
Enclosure
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON. NORTH CAROLINA 29402-1890
REPLY TO
ATTENTION OF:
March 31, 2003
Regulatory Division
Action ID No. Z00300475
Mr. Richard Johnson
Post Office Box 1586
Wilson, Wyoming 83014
Dear Mr. Johnson:
F&CEIVEt
APR 0 7 �L�,
W OF RACOWALMANAGf�M'
On July 24, 2000, we renewed general permit No. 198000291 (copy enclosed), which
provides Federal authorization for construction activities that receive authorization from the State
of North Carolina.
A review of your request to construct a new single-family residence, maintenance dredge
the existing boat basin and access channel, expand the existing basin, and construct a bulkhead,
pier, boathouse, (3) boadifts, a boat ramp and several floating docks at 7601 Masonboro Sound
Road, adjacent to Masonboro Sound, Wilmington, New Hanover County, North Carolina,
indicates it to be a candidate for Federal authorization under this general permit. Accordingly,
the administrative processing of your application will be accomplished by the North Carolina
Division of Coastal Management. Comments from Federal review agencies will be furnished to
the State.
If your application must be withdrawn from this general permit process for any reason,
you will be informed regarding its further management. If there are no unresolved differences in
State -Federal positions or policies, the final action taken on your application by the State will
result in your receiving written notice from us that your application is consistent with the general
permit and you may commence your activity. Only after receiving such confirmation should you
begin work.
Your application, pursuant to Section 404 of the Clean Water Act and Section 10 of the
Rivers and Harbors Act of 1899, has been assigned Action ID No. 200300475 will be
coordinating your permit application with other Federal agencies. You may contact me at (910)
251-4930.
Sincerely,
Henry Wicker, Project Manager
Wilmington Regulatory Field Office
Enclosure
Copies Furnished (without enclosure):
Doug Huggett
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
1638 Mail Service Center
Raleigh, North Carolina 27699-1638
Mr. Jim Gregson, District Manager
Wilmington Regional Office
North Carolina Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
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DWISI "",i ;- F
COASTAL 1\1f;' i's,<1.G iMENT
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PS Form 3811, July J M Domestic Return Receipt 102595-00-1h
DEVELOPMENT OR PERFORMANCE
(Analyze employee's performance strengths and
enhance job performance. In addition, identify ats
action plan to achieve these objectives. The plat
plans, activities identified during the Interim Revd
time frames for completion of actions and demeter
Improvement Plan can be used
PLAN
weaknes s to determine actions which can improve or
new teas requiring training or education. Then, write an
s uld include any specific development or improvement
, the responsibilities of the employee and supervisor, and
rated improvement. Note: A Development or Performance
the interim review or at the end of the cycle)
Employee's Signature Date Supervisor's Signature Date
Y `
DEPARTMENT OF THE ARMY
PERMIT
Wilmington District, Corps of Engineers
Wi_ 3miuton, North Carolina
Mr. Harold F. Dobbins and
Mr. Henry B. Peschau, Jr.
Route S, Box 71
Wilmington, N. C. 28401
Gentlemen:
Referring to written request dated 17 June 1970
U` J,. v ji
JAN 3 1 2003
DIVISION OF
COASTAL MANAGEMENT
upon the recommendation of the Chief of Engineers, and under the provisions
of Section 10 of the Act of Congress approved March 3, 1899 (33 U.S.C. 403),
entitled "An act making appropriations for the construction, repair, and
preservation of certain public works on rivers and harbors, and for other
purposes," you are hereby authorized by the Secretary of the Army
to dredge a slip
(Here describe the proposed structure or work and its intended use,
including, in the case of an application for a fill permit, a descrip-
tion of the structures, if any, proposed to be erected on the fill.)
in Masouboro Sound and deposit the material on ]and
(Here to be named the river, harbor, or waterway concerned.)
at opposite old Masonboro Channel, New Hanover County, N. C.
(Here to be named the nearest well-known locality --preferably a town or
city --and the distance in miles and tenths from some definite point in
the same, stating whether above or below or giving direction by points
of compass.)
in accordance with the plans and drawings attached hereto
(On drawings: give file number or other definite identification marks.)
"Proposed Dredging on Masonboro Sound, Vicinity of A.I.W.W. Marker No. 130
(Light), New Hanover County, N. C. 6/16/70"
subject to the following conditions:
Mr. Harold F. Dobbins and Mr. Henry B. Aeschau, Jr.
(a) That this instrument does not convey any property rights either
in real estate or material, or any exclusive privileges; and that it does
not authorize any injury to private property or invasion of private
rights, or any infringement of Federal, State or local laws or regulations,
nor does it obviate the necessity of obtaining State or local assent re-
quired by law for the structure or work authorized.
(b) That the structure or work authorized herein shall be in accordance
with the plans and drawings attached hereto and construction shall be sub-
ject to the supervision and approval of the District Engineer, Corps of Engi-
neers, in charge of the District in which the work -is to be performed.
(c) That the District Engineer may at any time make such inspections
as he may deem necessary to assure that the construction or work is per-
formed in accordance with the conditions of this permit and all expenses
thereof shall be borne by the permittee.
(d) That the permittee shall comply promptly with any lawful regula-
tions, conditions, or instructions affecting the structure or work author-
ized herein if and when issued by the Federal Water Quality Administration
and/or the State agency having jurisdiction to abate or prevent water pollu-
tion, including thermal or radiation pollution. Such regulations, conditions
or instructions in effect or hereafter prescribed by the Federal Water Qual-
ity Administration and/or the State agency are hereby made a condition of
this permit.
(e) That the permittee will maintain the structure authorized herein in
good condition in accordance with the approved plans.
(f) That this permit may, prior to the completion of the structure or
work authorized herein, be suspended by authority of the Secretary of the
Army if it is determined that suspension is in the public interest.*
(g) That this permit may at any time be modified by authority of the
Secretary of the Army if it is determined that, under existing circum-
stances, modification is in the public interest.* The permittee, upon
receipt of a notice of modification, shall comply therewith as directed by
the Secretary of the Army or his authorized representative.
(h) That this permit may be revoked by authority of the Secretary of
the Army if the permittee fails to comply with any of its provisions or if
the Secretary determines that, under the existing circumstances, such action
is required in the public interest.*
(i) That any modification, suspension or revocation of this permit
shall not be the basis for a claim for damages against the United States.
(j) That the United States shall in no way be liable for any damage
to any structure or work authorized herein which may be caused by or result
from future operations undertaken by the Government in the public interest.*
2 1 0EI-V E D
JAN 3 12003
DIVISION OF
Mr. Natrold F. Dobbins and Mr. Nervy B. Paschen, Jr.
(k) That no attempt shall be made by the permittee to forbid the full
and free use by the public of all navigable waters at or adjacent to the
structure or work authorized by this permit.
(1) That if the display of lights and signals on any structure or work
authorized herein is not otherwise provided for by law, such lights and
signals as may be prescribed by the United States Coast Guard shall be
installed and maintained by and at the expense of the permittee.
(m) That the permittee shall notify the District Engineer at what time
the construction or work will be commenced, as far in advance of the time
of commencement as the District Engineer may specify, and of its completion.
(n) That if the structure or work herein authorized is not completed
on or before 31st day of December , 1973 , this permit, if
not previously revo a or specifically exten e , shall cease and be null
and void.
(o) That the legal requirements of all Federal agencies be met.
(p) That this permit does not authorize or approve the construction of
particular structures, the authorization or approval of which may require
action by the Congress or other agencies of the Federal Government.
(q) That all the provisions of this permit shall be binding on any
assignee or successor in interest of the permittee.
(r) That if the recording of this permit is possible under applicable
State or local law, the permittee shall take such action as may be necessary
to record this permit with the Registrar of Deeds or other appropriate offi-
cial charged with the responsibility of maintaining records of title to and
interests in real property.
(s) That the permittee agree to make every reasonable effort to prose-
cute the construction or work authorized herein in a manner so as to minimize
any adverse impact of the construction or work on fish, wildlife and natural
environmental values.
(t) That the permittee agrees that it will prosecute the construction
or work authorized herein in a manner so as to minimize any degradation of
water quality.
3
1.1:C:-ZE3401-
Mr. Harold F. Dobbins and Mr. Henry B. Pesehau, Jr.
•A judgment as to whether or not suspension, modification or revocation
is in the public interest involves a consideration of the impact that any
such action or the absence of any such action may have on factors affect-
ing the public interest. Such factors include, but are not limited to,
navigation, fish and wildlife, water quality, economics, conservation,
aesthetics, recreation, water supply, flood damage prevention, ecosystems
and, in general, the needs and welfare of the people.
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
PAUL S. DENISON
Colonel, Corps of Engineers
District Engineer
PERMITTEE HEREBY ACCEPTS THE TERMS AND CONDITIONS OF THIS PERMIT;
Date
Signature of Permittee Date
HAROLD F. DOBBINS
Signature of permitt" Date
HENRY B. PESCHAO, JR.
RE
��V
E D
4 JAN 3 1 2003
ENG Form 1721-R
25 Nay 1970 DIVISION Or
Rev. 2-70 PERMIT TO DREDGE OR FILL PERMIT 110. 212
STATE OF NORTH CAROLINA
DEPARTMENT OF CONSERVATION AND DEVELOPMENT
Harold Fred Dobbins & Henry B. Peschau, Jr.
name
Route 3, Box 71
street address
Wilmington
town -city
New Hanover N. C. 28401
county state
This permit authorizes you to dredge and/or fill in the location and manner
requested by you in your permit application, subject to the following conditions:
That all spoil be placed above high water and so placed as to prevent its reentry
into surrounding waters.
1970. That the project be otherwise carried out as per your application dated June 22,
This permit is void if the above conditions are not adhered to and followed.
Notification of the completed project must be given this office upon its completion.
This permit must be displayed with a copy of the application in the cab or pilot-
house of the vehicle working on the project, whichever is applicable, and be easily
accessible to Department of Conservation and Development personnel.
This permit is terminated on December 31 of the nest year subsequent to the year
of issuance.
Any additional work or maintenance work on the project subsequent to the termina-
tion of this permiit requires a new permit.
The permit, as approved with conditions, may be objected to by the applicant
or by interested State agencies within twenty days of the date of issuance by
giving written notice to the Department of Conservation and Development.
Applicant is advised of the requirement under General Statute §146-6.1 that
power -operated earth moving equipment operating or to be operated in or on publicly
owned tidelands, publicly owned beaches, publicly owned marshlands, or navigable
waters within the State must be registered by the owner of the equipment with
the Department of Water and Air Resources.
�� JJ
�Thomas LJAN 3 12003 Division of Commercial and Sports
Fisheries
DIVISION Or
COASTAL MANAGEMENT
July 282 1970
$IJl7 OF SI-iP
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N.F. Do13sS1,,Is, RT.�s__P�ox 71
niu . W1LMIIJGTON�IJ .C. Z I - 6�Ire�7�
North Carolina
Michael F. Easley, Governor
Richard Johnson
P. O. Box 1586
Wilson, WY 83014
Dear Mr. Johnson:
e�� r
NCDENR .
Department of Environment and Natural
Division of Coastal Management
Donna D. Moffitt, Director
February 27, 2003
Resources
William G. Ross Jr., Secretary
MAR 0 4 20113
MN. ()F COASTAL MANAGEMENT
The Division of Coastal Management hereby acknowledges receipt of your application for State approval
for development of your property located at 7601 Masonboro Sound Road, in Wihnington, NC, in New Hanover
County. It was received complete on 2/14/03, and appears to be adequate for processing at this time. The
projected deadline for making a decision is 4/30/03. An additional. 75-day review period is provided by law when
such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline
stated above, you should consider the review period extended. Under those circumstances, this letter will serve as
your notice of an extended review. However, an additional letter will be provided on or about the 75th day.
NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed
development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of
your proposed development. You should post this notice at a conspicuous point along your property where it can
be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree
along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road
would lead one into your property. Failure to post this notice could result in an incomplete application.
A field report has been prepared and is in the process of being circulated to the various state and federal
review agencies for their comments. If additional information is required based on this review, the agencies may
contact you directly.
in el ;
E. F. Brooks
Field Representative
cc: Doug Huggett, DCM
Jim Gregson, DCM
Ann Hines, LPO
Henry Wicker, COE
Steve Morrison, Agent
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845
Phone: 910-395-3900\Fax: 910-350-2004 \ Internet: hftp://dcm2.enr.state.nc.us
An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \10% Post Consumer Paper
a
'ii�eGmkp(on, ✓ b,& %6dG 28402
%L 910-45.2-0001
94006t 2 .Non!
g 98ath..
Ed Brooks
Division of Coastal Management
127 North Cardinal Drive
Wilmington, N.C. 28405-3845
.9nlle >s
1/31/03 T A� Qffl� gw
3805 WUP44VW4 .RA m
94gton, .NFB e9403
Re: CAMA Major Permit application submittal, Richard Johnson,
New Hanover County
Dear Ed,
I have enclosed a completed application and supporting materials for a CAMA Major
Permit on behalf of the property owner, Mr. Richard Johnson. As you will recall, we
examined the site together this past fall. Mr. Johnson wishes to perform maintenance
dredging within the previously permitted and constructed entrance channel, expand the
boat basin into the property and build a family boating facility for private usage as
detailed in the project narrative and application materials. Mr. Johnson also intends to
build a new family home on the property in the future. At present, there are no homesite
design plans.
We are also submitting an Erosion and Sedimentation Control Plan/Stormwater Submittal
to New Hanover County and the NC Division of Water Quality. A copy of the plats from
that submittal is also enclosed for your reference. The riparian landowner notification
certified mail receipts (green cards) will be forwarded to you as soon as possible. Please
contact me with any questions that you may have regarding this project. Thank you for
your assistance.
Sincerely,
Steve Morrison
Environmental Consultant
(OEHVE
JAN 3 12003 ED
DIVISION OF
COASTAL MANAGEMENT
irp
Encl: CAMA Major Permit application materials, deed copy, $400 application fee
Cc: Jeff Earp
Richard Johnson
Nick Garrett
JAN 3 12003
DiVNSK')JNi c7r
COASTAL MANAG-00ENT
LAND MANAGEMENT GROUP, INC.
Environmental Consultants
Post Office Box 2522
Wilmington, North Carolina 28402
Phone: 910-452-0001
Fax: 910-452-0060
DATE2/7/3 JJOBNO. p2-3y� 1
TO: '2f
K�ci�A2D .ToN;�so�
C,amA MA-Tv2 Affl-jc47-ion)
WE ARE SENDING YOU
0 Wetland maps 0 Soil maps 0 Aerial photo 0 Prints
0 Septic tank plans 0 Environmental reports te"J�v�iflez?�l
�bs
N,t,brlFcC/0'1OA�S
THESE ARE TRANSMITTED as checked below
0 For approval
2�'Foryour use
0 As requested
0 For review and comment
n
REMARKS:
V G£1KE- L£T-Mf- letiJocJ /F you ./¢A✓F 4✓S,S7-ion.S +-601J7-
7W-L Pa-ePOTCb /�4 heir.
COPYTO: SIGNED s�U�/o2Resoi/
Dec 09 02 12:03p p.1
Sert By: LAND MANAGEMENT; 910 452 0060 ; Dec-9-02 1:44PM; Page 2/2
Agent Authorization Form
1, rC7�2 70 V1 rISO I^�— do hereby authorize Land Management
Group, Inc. (LMG) to act on my behalf in proparing the necessary materials and
conducting the required field work to delineate the jurisdictional 404 wetlands located on
my property. I also authorize LMG to submit an application for a CAMA Major
Development Permit on my behalf and to supply review agencies with additional
requested materials in support of the proposed project_
Signature
0 2--
Date
?OS1`�
jj�'J'A g1TO
ONE 5\01 O EPJIENT
GoPgTA� M
P. 1
* * * COMMUNICATION RESULT REPORT ( FEB.28.2003 10:23PM )
TTI NCDENR WIRO
FILE MODE OPTION ADDRESS (GROUP) RESULT PAGE
--------------------------------------------------------------------------------------------
989 MEMORY TX 9-3432229 OK P. 2/2
REASON FOR ERROR
E-1) HANG UP OR LINE FAIL
E-3) NO ANSWER
!
)North Carolina
Michael F. Easley, Governgjlr
FAX; 343,2229
2 Pages
Star News =
Diane Blake
Legal Advertisement Seeti n
Post Office Box 840
Wilmington, North Carolina 2M
Re: Public Notice Richard Johnson
Dear Ms, Blake; E
i
Please publish the a4ached Notice in the
c
i
The State Office of l3rttdget and Manageme,
E-2) BUSY
E-4) NO FACSIMILE CONNECTION
t tinviron=nt and Natural Resources
!oastal Maaagemeut
Moffitt, Director William G. Ross Jr., Secretary
27, 2003
, March 02, 2003, issue.
an original Affidavit of Puhlicatirm nrinn rn ,.w.. a ..
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
February 27, 2003
FAX: 343-2229
2 Pages
Star News
Diane Blake
Legal Advertisement Section
Post Office Box 840
Wilmington, North Carolina 28402
Re: Public Notice - Richard Johnson
Iai�Tiu�:7F1'!�
Please publish the attached Notice in the Sunday, March 02, 2003, issue.
The State Office of Budget and Management requires an original Affidavit of Publication prior to payment
for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original
invoice to Chris Pope, Division of Coastal Management, 1638 Mail Service Center, Raleigh, North Carolina
27699-1638. The phone number is 919-733-2293. Please send a copy of the affidavit only to Coastal
Management, 127 Cardinal Drive Extension, Wilmington, NC 28405,
910-395-3900.
Thank you for your assistance in this matter. If you should have any questions, please contact me at our
Wilmington office.
Sincerely,
Diana B. Nash
Coastal Management Secretary
Enclosure
cc: Doug Huggett
Chris Pope
File Copy
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845
Phone: 910-395-3900\Fax: 910-350-2004 \ Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer - 50% Recycled \10% Post Consumer Paper
,�e-:.
�,� \ '-' i
'� 1'•.
�`
Deveiopment Type M FEE
430O
I. Private, non-commercial
development that does not involve . the filling or excavation of any S250
wetlands or open water areas:
II. Public or commercial development
that does not involve the filling or ��
e:rava6on of any wetlands or open
water areas:
III. For development that cwolves the
filling and/or excavation of up to 1
am of wetlands and/or open water
areas, detemune if A, B. C, or D
below applies'.
HIM For Private, noncm omercial
development, If General water Quality
Certification No.4301 (see attached) 5250
can be applied:
lll(B) For public or commercial
development. it General water Oualdy $4D0
Certification No.3301 (see attached)
can be applied:
lllpC If General Water Quality
Certification No. 3301 (see attached)
coWd be applied, but DCM staff
determined the! additional review and 5400
written DWQ concurrence a needed
because of conxms related to water
quality w aquatic Irfe:
11(D� If General Water Quality
I Certification No. 3301 (see ailached) 5400
can not be applied:
M For development that involves
the filling and/or excavation of more
than one acre of wetlands and/or -5475
open water areas.
100% (5250)
100 % (5400)
100% (5250)
10D% (S4DO)
60% (S24D)
60% ($240)
60% (5285)
0 % ($0)
0% (SO)
090 (SO)
O% (SO)
40% (5760)
40% (S160)
40% (S1g0)
J -uLrM MAK6HALLWILLIAMSGORHAM9103438604
No,0428 P. 219
Draftsman: DAVID C. BAREFOOT
ATTORNEY AT LAW, Returned T0:
Elks Temple Building MARSHALL WILLIAMS
255 North Front Street & GORHAM, LLP
P.O. Drawer 1766
STPIMPS., 4I1. S50.6D
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
FOR RREBECCATT NCHRISTIAN. of DEEDS
NEW HRNOVER COUNTY. NC
2002 .IUN 17 10.02:35 RM
BK:3NC2REVENUE STRMPES1, o 00
INSTRUMENT 4 2002030417
WARRANTY
THIS DEED, made and entered into as of the 13th day of June, 2002, by and between
KEISTER L. RICHARDSON and CAMILLE F. RICHARDSON, TRUSTEES, under the
RICHARDSON LIVING TRUST dated February 9, 1996, (herein "Grantors"), parties of the first
part; and RICHARD JOHNSON and wife, CAROLE JOHNSON (hereinafter called "Grantee"),
party of the second part, whose mailing address is:
PO Box 1586, Wilson, Wyoming 83014-1586
(whether one or more persons, firms, or corporations). The designation Grantors and
Grantees as used herein shall include said parties, their heirs, successors, and assigns, and
shall include singular, plural, masculine, feminine or neuter as required by context.
WITNESSETH:
THAT the said Grantor, in consideration of the sum of TEN ($10.00► DOLLARS, and
other good and valuable considerations paid to them, receipt of acknowledged, has bargained and sold, awhich is hereby
nd by these presents does hereby grant, bargain,
sell 'and convey unto the said Grantee, the following described lands located in the County of
New Hanover, State of North Carolina, and being more particularly described as follows:
BEING Part of TRACT 6, LIVE OAKS, on Masonboro Sound and
being more particularly described upon EXHIBIT A hereto
attached and incorporated by reference.
a '
!( �1:
7rT�'N 3 q 7003 I
E ) /
�1
DlVlS!ice,N C.%r'
C01ASIAt_ I!iiAI.AGE h3ENT
Page 1 of 3
Jan-cu. tuua 3:b31'M MARSHALLWILLIAMSGORHAM9103438604 No,0428 P. 3/9
TO HAVE AND TO HOLD the above granted and described lands and premises,
together with all and singular, the rights, privileges, easements, tenements, duties, obligations
and. appurtenances thereunto belonging, or in anywise appertaining unto the said Grantee, in
fee simple, FOREVER.
AND said Grantor covenants with the Grantee that the Grantor is seized in fee simple
of the above granted and described premises, and has good right to sell and convey the same
in fee simple, that the title is marketable and free and clear of all encumbrances, except as
herein set forth, and except for 2002 ad valorem taxes, and usual utility easements and rights
Of way of record, and that said Grantor will WARRANT and DEFEND the title to the same
against the lawful claims and demands of any and all persons whomsoever.
IN TESTIMONY WHEREOF, the parties of the first part have hereunto set their hands
and seals all the day and year first abov w ten. /
/ U�s�✓ (SEAL)
K STER L RICH RDSON
Trustee of the Richardson Family Trust
Dated February 9, 1996
'�`,J�,D
CAMILLE F. RICHARDSON vTrustee of the Richardson Famil Trust 1 SDated February 9, 1996 y 2i� )`NI
STATE OFMAINE DIVI iIO'N OF
COUNTY OF COASTAL iViANACEEMEN
I.�j�f� rn S FCiG n a Notary Public for the aforesaid County and State, hereby certify
that KEISTER L. RICHARDSON and CAMILLE F. RICHARDSON, TRUSTEES, under the
RICHARDSON LIVING TRUST dated February 9, 1996 personally appeared before me this
day and acknowledged the due execution of the foregoing instrument.
WITNESS my hand and seal this 1J32 day of June, 2002.
f"No ,
Notary Public
a. BREDEAU
My Commission Explies
July S. 2004
jan•cd• aua rbum, MARSHALLWILLIAMSGORHAM9103438604 No•0428 P. 4/9
Exhibit A — Property Description
Part of Tract 6, Live Oaks on
Masonboro Sound
Commence at an existing concrete monument located in the centerline of Finian Drive at
its intersection with the northwestern right of way line of Masonboro Sound Road (SR #
1515); thence South 27 degrees 12 minutes 17 seconds East a distance of 70.91 feet to an
existing iron pipe in the southeast right of way line of Masonboro Sound Road; said
existing pipe being the Point of Beginning; thence along and with the division line
between "Tract 5-Live Oaks on Masonboro Sound" and "Tract 6-Live Oaks on
Masonboro Sound as shown on Book 184 Page 270 New Hanover County Registry South
61 degrees 54 minutes 54 seconds East a distance of 923.59 feet to an existing concrete monument at the mean high water of Masonboro Sound; thence along and with the mean
high water of Masonboro Sound the following: South 53 degrees 06 minutes 21 seconds
West a distance of 21.77 feet to a point; South 47 degrees 54 minutes 08 seconds West a
distance of 23.22 feet to a point; South 34 degrees 23 minutes 52 seconds West a distance
of 28.08 feet to a point; South 17 degrees 30 minutes 00 seconds East a distance of 19.56
feet to a point to a point; South 19 degrees 04 minutes 19 seconds West a distance of 5.29
feet to a point; North 60 degrees 07 minutes 02 seconds West a distance of 21.89 feet to a
point; South 63 degrees 02 minutes 56 seconds West a distance of 47.72 feet to an iron
pipe; thence (leaving the mean high water of Masonboro Sound) along and with the
division line between "Tract 6-Live Oaks on Masonboro Sound and "Tract 7-Live Oaks
on Masonboro Sound as shown on Book 184 Page 270 New Hanover County Registry
North 62 degrees 02 minutes 48 seconds West a distance of 875.69 feet to an existing
concrete monument; thence along and with the southeast right of way line of Masonboro
Sound Road (SR #1515) North 31 degrees 03 minutes 36 seconds East a distance of
129.00 feet to the Point of Beginning, containing 2.66 Acres, more or less; and being a
portion of Tract 6 "Live Oaks on Masonboro Sound.
Metes and Bounds Description prepared by Michael N. Underwood, P.L.S.
1O
C;OAS-[AL is A1NAGr dlENT
Jan•Zd- 1UU3 3:54PM MARSHALLWILLIAMSGORHAM91034SB604
No,0428 P. 5/9
REBECCA T. CHRISTIAN
REGISTER
OF DEEDS, NEW HANOVER
JUDICIAL BUILDING
316 PRINCESS STREET
WILMINGTON, NC 28401
44;FY3}f R;yf Y;yf;iHFF4HY#f#y;#f tt#Ff i##tlHft#fY;lY4#lf4iF;FM4#1HNhhY#yf t##tlf #;#y#i#pMyff I iwwYlf ##1;4#w#Mf iF#iF
Filed For Registration:
06M7/2002 10:02:35 AM
Book:
RE 3332 Page: 785-788
Document No.:
2002030417
DEED 4 PGS $20.00
NC REAL ESTATE EXCISE TAX:
. $1,950.00
Recorder:
JACQUELINE NELSON
kf f RHRik;kkbfkRM;;ibif iiiYMigktf l4lffH;;RYtlRklf;tif fiki#f 4t!}RR;ikpltRRkf f kffttRkf if RYtf tik;;bt;ii#*kbRf if ib
State of North Carolina, County of New Hanover
The foregoing certificate of REBECCA S BREDEAU Notary is certified to be correct. This 17TH of June 2002
R BEC A T, CH$STIAN , JE4TER OF DEEDS
By:
u
Deeds
*2002030417*
Is ;r
p :' I
JAIV 3 1 2VU')
17T Jid�
�_.
DIVISIC 01
COASi;1i— MANAGEMENT
dan.a. TUUd 4: WM MARSHALLWILLIAMSGORHAM9103438604 No.0428 P. 6/9
Exeise Tax $ 2,700.00
FOR REGISTRATION REGISTER OF DEEDS
REBECCA T. CHRISTIAN
NEN IIANOVER COUNTY, NO
2W2 MAY 31 12;52: 24 PM
SK;3317 PG:10-21 FEE: S2000
NO REVENUE STANP;0,760.00
INSTRUMENT A 20020275a2
Recording Time, Book and Page
Tax Lot No........................................................................................... Parcel Identifier No. .0.. %QQ -.Op.2..-0SZ-00 4...
Verifiedby...................................................................... County on the ................ day of ......................................................... I................
by......................................................................................................................................._...._____._....
Mail after recording to
This instrument was prepared by Fpss_& Favley,_Attomeys,vrithout title search
............................................................................................................
Brief description for the Index FT ,.00J*(
'T/(ACT IC L!✓c D4kS ON NJota7 ,bc
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED made this .....Uth.... day of .......................... APTIJI............................ ... 89.42.... by and between
GRANTOR GRANTEE
Mary B. Dobbins, widow Richard Johnson and wife,
7601 MasonboTo Sound Road Carole Johnson
Wilmington, NC 28409 PO Box 1596
Wilson, WY 83014
Enter In appropriate block for each party: name, address, aad, If appropriate, character of entity, aq. corporation or partnership.
The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and
shall include singular, plural, masculine, feminine or neuter as required by context.
WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby
acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that
certain lot or parcel of land situated in the City of.....................tiY.11mington................... , ...............:......... .... ..r vTo l'h�{(I1, `� 7 `; �! r �i�
...... ...... >VGSC.HPA9Ypf............... County, North Carolina and more particularly described As follows:
See attached "Exhibit A"
Gg�STF,L
1.ti 111 &h-Wq, "x-J
N.C. Bar aaoc. Perm No. L-2 0 tare, Revised sell. NCBA OOI
S(if ).-o
Jao.28. 2003 3:54PM MARSHALLWILLIAMSGORNAM9103438604 No•0428 P. 7/9
�.. si � /� a. 5�sad li 1' '� I a`•I � i
`I I
1
;art ST;t.?.I
The property herelnabove described was acquired by Grantor by Instrument recorded in ............................
A map showing the above described property is recorded In Plat Book...............184............... page .......... 27.0 ........
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to
the Grantee In fee simple,
And the Granter covenant. with the Grantee, that Grantor is seized of the premises In fee simple, has the right to convey
the same in fee simple, that title Is marketable and free and clear of all encumbrances, and that Grantor will warrant and
defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated.
Title to the property hereinabove described is subject to the following exceptions:
2002 Ad Valorem
IN WITNESS WHERSOr, as Grantor has hereunto nt his band and seµ or It corporate, her caused this Imttvment to be deaed In IH
enlDa.ata acme by Its day authornad office" and In seal to he hereunto affivel by authority of Are Board of Directors, the day and Year fast
.bow wrinap.
---- _--------- _....... __________________________________ z.--.-f___ _•____�, -__(SEAL)
(corporate Noma -----------------
wry . Dob wide
0
---------------------------- Pr..Ident .
ATTERT: V
C-------------------------------------------------------------(6RA1.)
-------------------------------------- ___---------------------- in
____________________________seereta,, AMID ... As SEW m
SEAL -STAMP
�'ao7aq`�
M►•
�a.ouBt'\6-t�
D_____________________________________________________________vmE )
NORTH CAROWNA........... T{gLt_NeitgYPf-......... ConatY.
L a Notary Publlo of the county and Seat.: aforesaid, certify the& MAa-E),DpjM7i@.ylidg)Y----------------
------------------------------------------------------------------------------------------------- ____ Cramer.
penanelly appearedbefore me this day and aalmaweedre"a/epcatwo
/o�fnf �Me for Etter Lestre smt, wltne.0 my
hand and offlcW stamp or seµ this __I lth _ day of -_______ .y__. !�1lUJ_____ I_ ----------2002 _.
MY, cumakeries enpl... :
Notary Dottie
NORTH CAROL A. ..................................County.
1. a Notary Public of Un.CEoely tad State afoneatd, rertHy that ---------------------------- •-_____-__---.
peraooatlY Came before me MAE day and acernewledged Chet ___. he It __--------------- __-------- secretary of
af.------------------------------�.-_-.._-_-__-_____--_- a Norm CAtenna cotDo"tton, and mat by authority deIY
glvov and se Me act of me corporation, me foregoing Instrument war .lrted In It. name by Its _______________
P... Weak .owed with Its Corporate .sal and atteatea by --------_ — as Its ___________________________ Secretary.
Nlme.. my bud and CIRCLE[ atemp an out, Me. _____day oi___________________________�______.
myeommfsolon eupl... 1 ____--________---------- _--- ----- _------------------ --- --------- Notary Pubne
Theneared, certlfic.ta(G at ............... _------------------ _____________--_-__---_____-__________________________-__________.___________
Wan eartfled W be retreat Thi. Leattnmmt and Me tertnlcate are duly monitored at the data and tree and An toe inner and Page M.W. on the
met D.C. hence.
_______________________________________________________________________REGISTER OF DEEDS FOR _______.
Ry____________----------------------------------------------------- of Dead.
N. C Rv AZEm. Form No. .L-1 O 19y6, Beviud O [W7 NCBA 001
SOftlilp
Jan.28. 2003 3:55PM MARSHALLWILLIAMSGORHAM9103438604 No.0428 P. 8/9
Exhibit A —Property Description
Part of Tract 5, Live Oaks on
Masonboro Sound
i.)!tr 9 1I.D t' C,F
Commence at an existing concrete monument located in the centerline of Finian'�rtiq� at,-�-,, � �, fl �l �; _;{-,. # %;
its intersection with the northwestern right of way line of Masonboro Sound Road (5R'
1515); thence North 66 degrees 41 minutes 23 seconds East a distance of 101.90 feet to
an existing iron pipe located in the southeastern right of way line of Masonboro Sound
Road; said existing iron pipe being the Point of Beginning; thence along and with south
line of "Division of the T.E. Sprunt Tract at Live Oaks on Masonboro Sound" as the
same shown on Map Book 36 Page 46 of the New Hanover County Registry South 61
degrees 56 minutes 10 seconds East a distance of 961.59 feet to an iron pipe at the mean
high water of Masonboro Sound; thence along and with the mean high-water of
Masonboro Sound the following: South 24 degrees 38 minutes 14 seconds West a -
distance of 34.90 feet to a point; South 21 degrees 51 minutes 54 seconds East a distance
of 51.24 feet to a point; South 30 degrees 12 minutes 53 seconds West a distance of 24.27
feet to a point; North 64 degrees 31 minutes 27 seconds West a distance of 36.19 feet to a
point; North 05 degrees 33 minutes 51 seconds East a distance of 34.19 to a point; North
42 degrees 26 minutes 43 seconds West a distance of 18.99 feet to a point; North 83
degrees 34 minutes 06 seconds West a distance of 26.48 feet to a point; South 26 degrees
53 minutes 11 seconds West a distance of 25.81 feet to a point; South 27 degrees 31
minutes 01 seconds West a distance of 14.98 feet to a point; South 00 degrees 21 minutes
20 seconds West a distance of 15.83 feet to to an existing concrete monument; thence
(leaving the mean high water of Masonboro Sound) along and with the division line
between "Tract 5-Live Oaks on Masonboro Sound" and "Tract 6-Live Oaks on
Masonboro Sound as shown on Book 184 Page 270 New Hanover County Registry North
61 degrees 54 minutes 54 seconds West a distance of 923.59 feet to an existing iron pipe
at the southeastern right of way line of Masonboro Sound Road (SR #1515); thence along
and with the southeastern right of way line of Masonboro Sound Road North 30 degrees
36 minutes 25 seconds East a distance of 120.13 feet to the Point of Beginning;
containing 2.63 acres, more or less; and being a portion of'Tract 5 Live Oaks on
Masonboro Sound.
Metes and Bounds descrition prepared by Michael N. Underwood, P.L.S.
Vail 'Lu• CUUJ J.00rm
MANHALLWILLIAMSGORHAM9103438604
REBECCA T. CHRISTIAN
No.0428 P. 9/9
REGISTER OF DEEDS, NEW HANOVER
JUDICIAL BUILDING
316 PRINCESS STREET
WILMINGTON, NC 28401
fx**f*tt*f#x*txtt**f*#t*txt#t#f**xx*#ttttt***#tt*#tt**#tf#*xt#*tfx#tft*tt#yf*ttµ*xf#**t*#**t***#*e#**tt*rt*#***#**#t*ffx
Filed For Registration: 05131/200212:52:24 PM
Book: RE 3317 Page: 18-21
Document No.: 2002027532
I�
DEED 4PGS $20.00 I� i, ,, ^fir. �' I
NC REAL ESTATE EXCISE TAX: �
Recorder: KAREN D GALLOWAY LJ i V i S I '3
/ f, p� s�...r.�r
i,l �x"l v,`i �Y"f L_ Pil r'ii�i i'3l.A i_.1 :'�tl ie. l+s j•
State of North Carolina, County of New Hanover
The foregoing certificate of ERIC D DATTLER Notary Is certified to be correct. This 31 ST of May 2002
REBECCA T.CHRISTIAN , RWSTER OF DEEDS
*2002027532*
2002027532
NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The Department of Environment and Natural Resources hereby gives public notice as
required by NCGS 113A-119(b) that application for a development permit in an Area of
Environmental Concern as designated under the CAMA was received on February 14, 2003.
According to said application, Richard Johnson, 7601 Masonboro Sound Road, New
Hanover County, NC proposes to construction a single family residence, boat basin and access
channel.
A copy of the entire application may be examined or copied at the office of
Environment and Natural Resources, 127 Cardinal Drive Extension, Wilmington, North
Carolina 28405, (910/395-3900) during normal business hours.
Comments mailed to Donna D. Moffitt, Director, Division of Coastal Management,
1638 Mail Service Center, Raleigh, N. C., 27699-1638, prior to March 23, 2003, will be
considered in making the permit decision. Later comments will be accepted and considered up
to the time of permit decision. Project modification may occur based on review and comment
by the public and state and federal agencies. Notice of the permit decision in this matter will
be provided upon written request.
Definition
A graveled area or pad located at points where veh icles entry and leave a con -
struction site.
Purpose
TO Provide a buffer area where vehicles can drop their mud and sediment
to
avoid transporting it onto public roads, to control erosion from surface runoff,
and to help control dust.
Conditions Where
Practice Applies
Wherever traffic will be leaving a construction site and moving directly onto a
Public road or other paved off -site area.
Construction plans should limit traffic
to properly constructed entrances:
Design Criteria
Aggregate Size —Use 2-3 inch washed stone. .
Dimensions of gravel pad=
Thickness: 6 itches minimum
Width: 12-ft minimum or full width at all points of the vehicular
entrance and exit area, whichever is greater
Length: 50-fi minimum
-Location-Locate construction entrances and exists to limit sediment from
leaving [he site and to provide for
maximum utility by all construvehicles
ction vehi (Figure 6.06a). Avoid steep grades and entrances at curves in
public wads
60,
177r/7
2-3_„ -q�k
coarse aggregate
TEMPORARY SEEDING
----------------
PERMANENT SEEDING
DETAI.L SHEET
SETTLEMENT DIKE
TYPICAL CROSS SECTION SW TO NE
SCALE I N= 20'
1.46'
TEMPORARY SILT FENCING
8ackfili min 8"
thick layer of gravel
14" —
V-trench 4
Extension of fabric and wire
into the trench
Compacted fill
Filter fabric
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BOATING FACILITY
I MASONBORO SOUND
RICHARD JOHNSON
NEW HANOVER COUNTY
SHEET 15
..,'SECTION I /
M.B. 33, P6. 187 4 1W
WINDWARD OAKS
5ECLION' 1
M.B. 33. PG. 157 # 155
CONSTRUCTION ENTRANCE
N
SILT FENCE
vs. zsas.?G.r�
/T \
♦. - \
U45a.'G. 73
I
I r
PROPERTY LINES ARE PROJECT BOUNDARIES
ENTIRE PRO✓ECTAREAIS WITHIN575'ORWAEC
3.36,?G. aS
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_ - BOOK I56], PKe239
1:2,
PRELIMINARY
NOT POR RECORpAIION OR
REAL ESTATE CONVEYANCE
HI °N� - t VICINITY MAP
EROSION AND SEDIMENTATION CONTROL PLAN
STORMWATER SUBMITTAL
RJCH4RD JOHNSON PROPERTY f 71
Ijj �I V o u
1
FEB 14 2'�03
DIVISION Or
COASTAL MANAGEMENT
\SILT FENCE`--\
�0�Fs�RTO D-5� Y\ WETLAND LINE
ON,y�OFT._ r. G ,umwAY\e
I \
RO OAT RAMP PREC N TRUCTION MHW
-1 100 W..Ai rnov
w /_ � _ :✓ / /NATION CIA
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tIS
Tr
Z�OAA� 1\�. J _�_- . � ,�1;TJN 9CT ON JAC\.• �11r'Sv"`., \.
CONTROL STRUCTURE%
PROJECT (TOTAL PROPERTY) AREA = 5.29 ACRES BASIN AND CHANNEL EXCAVATION TO BE BY \'-\
MAXIMUM DISTURBEDAREA = 4.18ACRE5 MECHANICAL AND HYDRAULIC EOUIPMENT `\ '
MAXIMUMBUILTUPONAREA= 1.32ACRES �-
DEWATERED MATERIAL FROM BASIN AND CHANNEL EXCAVA
TO BE USED FOR FINAL UPLAND SITE GRADING AS NEEDED
INOTE.' FUTURE AS -TUBE T SURVEY TO BE PERFORMED AFTER DESIGN, CONSTRUCTION
OF HOMESITE. TO BE SUBM/TTED TO DWp AS VERIFICATION OF BU1L T UPON AREA
mtr1��3�ro I ORIGINALSUBM/TTAL, 1131103 rzc9 nAxvesrmrennxT ., .
. o r��IRI'(OJACl
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BOATING FACILITY
MASONgORO SOUND
RICHARD JOHNSON
NEW HANOVER COUNTY'
a
SHEET 14
er exam, u ¢ alue,q
axs rarer
CA,
v -MUWAKU UA(`j
SEMON 1 r/ /� •\ PROJECT SITE TOPOGRAPHY
M.B. 33 PG. 187# !88 i PRELIMINARY
'% �� \ ••\ •\ - NOT FOR RECORDATION OR
R % i�•.,e G-`•iip\• •\ NaGxaozg 9ar�ureDtsn REAUESTATE CONVEYAN,^E
X /�/ \\�\9)2\ •\ eNGiO! ING Ii+F
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PROPEg1Y .
Mamn.46 \re� \ ql uue VICIINITY-MAP
Tt
HOCT05CxB
mNDWARD OAKS
M.B. 33, PG. 187"02345 PG: 738
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•`� % / MON=ONIIId / 5.2% WATER NY is ryM3y .+ /�cJYJIlFtif1J1[ 31JUND
ENTIRE PRO✓ECT SITE IS WITHIN 575'ORW 4EC \ SIG ��^.y�F
DUE TO,O -F SITE TIDAL CREEK TO THE SOUTHWEST
D � - - `\�'\• �I�IXAnONUOreP ." \(�\AqP� "\I � {�,�✓\\�/�'9A. fOp' \• TxP MEW XGfI \ / , ..
5O \ wWAm II \\ } ' BOATING FACILITY (/
\ \ r34 MASONBORO SOUND \\�'
wE°AROPTIN sorea� \ 9 �\ RICHARD JOHNSON `
A PORnoN OPrwcrs a63A�+14 �5. \ NEW HANOVER COUNTY •'''�' .
APORTWN OPTRAL gG, 66AO�yH - ••\ \
TOTALARG�539 ACREg - - \`• -
MA9ON9OROTOWNSHIP wwhmxm \ Fn/7-�i \ !*,+,> ,,� SHEET 8 'I
NORM CAYOUNA - .
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4 sOIIIN
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WINDWARD OAKS
SECTION I
M.B. 33, PG. 157 4 185 /
WINDWARD OAKS
5ECTION I
M.B. 33, PG. 157 t 155
LEGEND-
u.r. GGSTING IRaN PRf '
O PROpODy NR11IX
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LI.P. M.B. 36. PG.
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H ATION 1 I.D. \ ;
SURVEY REFERENCE-
-MAP BOOK 36 PAGE 4G
-5URVEY FOR A -PORTION OF TRACT G AT LIVE OAKS ON MA5ONBORO
SOUND BY GEOGRE L05AK DATED APRIL 27, 1573
-SURVEY FORA PORTION OF TRACT 5 AT UVE OAKS ON MA50NBOFO
SOUND BY5TOCK55URVEYING DATED DECEMBER I, 1955
-UVE OAKS ON MA50NBORO 50UND (BOOK 184, PAGE 270)
NOTE: THIS PROPERTY 15 LOCATED WITHIN AN
AREA OF 100 YEAR FLOOD.
404 WETLAND SURVEY FOR;
\
IN KAR PILOD DN\
t]LVATICN I l.D.
..9• - 8j
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MORi 5. NC3LRT aM vrfe, NOY M. NM=
60DK 156-/, PIG[ Z39 \ \ yk
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RICHARD JOHN90N GRgPry1C SCALE: I °=100'
PORTIONS OF LOTS 5 k 6
TOTALING 5.25 ACRES
LIVE OAKS ON M65ONBOPO SOUND 0 I DD 200 �300
MASONBORO TOWN5HIP NEW HANOVER COUNTY
NORTH CAROLINA -
OWNER:
MlQlpry DNDL3tWppp and pY00ATg, PA DltpwN ms R L!]ht9 RICHARO JONNSON
I oz aNnNtA DRrve suDe c 4o CHARLFS MEIER, ATTORNEY AT LAW
WnLMiNGiON, NC ¢ggpg may- MAR5HALL, WILLIAMS and GORHAM
P91GdID5-0395-03G50 ((1 ` DATA Iz-zc -'
e-MaL: nN,@arcciY.mm - 14 SOUTH Sth Sl"REEf-
_ WILMINGTON, NC 25401
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RICHARD JOHNSON
NEW HANOVER COUNTY
SHEET 7
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l
FES 14 2003D BOATING FACILITY
(' SCALE 1'"= 100' MASONBORO DJOHNSOUND
DIVISION 'UNA GE RICHARNEW HANOVER COUNTY
CC�'�ST,4v P+nt9daGEi IEl�iT �_...--'`� e ° SHEET 4
... ....DEPTHS SHOWN T
... .........................................O MSL
MLW = 9' MSL ul
Z
I �I
PROPOSED PRIVATE BOATING FACILITY
a
�o
P
Jew/ APO
BULKHEAD
/ 140 /
57'
6 BOARDWALK.
ACCESS' BOAT RAMP 16' 35'
— — — 60'
A
51
BULKHEAD
78 LU08
P
I —LINE \
-
K �2•
16'X16' ROOF AREA 26'
38.4' FROM MHW TO END OF STRUCTURE
]1,LKHEAD \ �_
6' WIDE PIER �'26' OPEN DECK
PILING
I NG D_ CK
0' Alp D CK (ON LAND)
LILT SLIPS EDGE OF CUT TO -3' MLW
/ 18'X26't TH�OUSSE----------,.
' ,5'/ 5 r 1 EDGE OF MARSH
tl(i 4. 1 ./
IPILING
- 4U4WETLANp NE - TOPOF�IL_OPE1�
—.
• z I
DOCK SYSTEM
k
A' CHANNEL EXCAVATION AREA TO 3` MLW
8'X6'RAMPACCESS 40%
RAMP
` EDGE OF
BACK
R—UN
1
5
�11
O
a
03
cn
FEB i 4 20
N9
DIVISION OF <�
COASTAL MANAGEMENT a2
92 .
To 2<
97yy�`
y
BOATING FACILITY
MASONBORO SOUND
RICHARD JOHNSON
NEW HANOVER COUNTY
SCALE V= 40' SHEET !